stuart-nachbar

Can You Keep Your House in Chapter 13 Bankruptcy in New Jersey?

Thu, 16 Apr 2026 16:00:55 GMT

Can You Keep Your House in Chapter 13 Bankruptcy in New Jersey?

If you’re behind on your mortgage or facing foreclosure, the fear of losing your home can be overwhelming. Many New Jersey homeowners assume that filing for bankruptcy means giving up their house—but that is not always the case. In fact, Chapter 13 bankruptcy is specifically designed to help many people keep their homes while catching up on overdue payments.

Understanding how Chapter 13 works can help you decide whether this option may allow you to protect your home and regain financial stability.

How Chapter 13 Bankruptcy Differs From Chapter 7

Chapter 7 bankruptcy is often referred to as a “fresh start” bankruptcy because it eliminates many unsecured debts. However, it may not be ideal for homeowners who are behind on mortgage payments.

Chapter 13 bankruptcy, on the other hand, allows individuals with regular income to:

Keep their property
Propose a court-approved repayment plan
Catch up on missed mortgage payments over time

Rather than liquidating assets, Chapter 13 focuses on reorganization and repayment .

Using Chapter 13 to Stop Foreclosure

One of the most important benefits of Chapter 13 bankruptcy is the automatic stay . As soon as you file, the automatic stay immediately stops:

Foreclosure proceedings
Sheriff’s sales
Collection efforts by creditors

This pause gives homeowners the opportunity to work toward saving their home through a structured repayment plan.

Catching Up on Mortgage Arrears Over Time

Chapter 13 allows you to spread missed mortgage payments—often called mortgage arrears —over a three- to five-year repayment plan. During this time:

You continue making regular monthly mortgage payments
You make plan payments to catch up on past-due amounts
Late fees and penalties may be addressed through the plan

As long as you stay current with your plan and ongoing mortgage payments, you may be able to keep your home.

Do You Need Equity to Keep Your House?

Many homeowners worry that having equity in their home means they’ll lose it in bankruptcy. In Chapter 13 cases, equity is often protected through bankruptcy exemptions and repayment plans.

New Jersey residents may choose between state exemptions or federal exemptions , which can protect a significant amount of home equity. A bankruptcy attorney can review your assets and determine how best to protect your property.

Who Qualifies to Keep Their Home Under Chapter 13?

To keep your house through Chapter 13 bankruptcy, you generally must:

Have a regular source of income
Be able to afford ongoing mortgage payments
Propose a repayment plan the court approves
Stay current on plan and household payments

Eligibility depends on income, debt levels, and overall financial circumstances, which is why legal guidance is critical.

What Happens If You Fall Behind Again?

Chapter 13 requires commitment. Missing plan payments or future mortgage payments can put your case—and your home—at risk. However, in some situations, your attorney may be able to request plan modifications or work with the trustee if financial hardship arises.

Early communication and proper planning are key.

Why Legal Guidance Matters in Chapter 13 Cases

Chapter 13 bankruptcy is far more complex than Chapter 7. Filing errors, inaccurate paperwork, or poorly structured plans can result in dismissal—leaving you exposed to foreclosure again.

An experienced bankruptcy attorney helps by:

Evaluating whether Chapter 13 is right for you
Structuring a repayment plan that works
Protecting your home and other assets
Communicating with the trustee and creditors

Speak With a Chapter 13 Bankruptcy Attorney in Livingston, New Jersey

If you’re worried about losing your home, you don’t have to face that fear alone. Chapter 13 bankruptcy may offer a way to stop foreclosure and keep your house—if it’s handled correctly.

The Law Office of Stuart M. Nachbar, P.C. has over 30 years of experience helping New Jersey homeowners navigate Chapter 13 bankruptcy. Attorney Stuart M. Nachbar provides knowledgeable, compassionate guidance to help clients protect their homes and move forward with confidence.

When Should You Contact a Personal Injury Attorney in NJ?

Thu, 19 Mar 2026 16:00:41 GMT

When Should You Contact a Personal Injury Attorney in NJ?

After an accident, many people are unsure whether they truly need a personal injury attorney. You may hope the insurance company will handle things fairly, or you may feel your injuries aren’t serious enough to justify legal help. Unfortunately, waiting too long to contact an attorney can cost you time, money, and legal protections.

Knowing when to contact a personal injury attorney in New Jersey can make a significant difference in the outcome of your case.

Immediately After a Serious Accident

If you were injured in a car accident, motorcycle crash, pedestrian accident, or any other serious incident, contacting an attorney as soon as possible is often the best move. Early legal involvement allows your attorney to:

Preserve evidence before it disappears
Obtain accident reports and witness statements
Communicate with insurance companies on your behalf
Protect you from saying something that could harm your claim

The sooner legal guidance begins, the stronger your case may be.

When You’ve Been Injured and Need Medical Treatment

If your injuries require medical care beyond basic first aid, it’s wise to speak with a personal injury attorney. Medical expenses can add up quickly, and insurance companies often attempt to minimize injury claims.

An attorney helps ensure your injuries are properly documented and that current and future medical costs are considered when seeking compensation.

When the Insurance Company Gets Involved

Insurance companies are not on your side. Their goal is to settle claims for as little as possible. You should contact a personal injury attorney if:

An insurance adjuster asks for a recorded statement
You receive a settlement offer quickly after the accident
Your claim is delayed, denied, or undervalued

Once you have legal representation, your attorney handles all communication with insurers, reducing stress and protecting your interests.

If You’re Unsure Who Was at Fault

Many accidents involve disputed liability. Even if you believe you may share some responsibility, New Jersey’s comparative negligence laws may still allow you to recover compensation.

A personal injury attorney can evaluate fault, gather evidence, and determine whether you have a viable claim.

When Your Injuries Worsen Over Time

Some injuries—such as soft tissue damage, spinal injuries, or traumatic brain injuries—may not be immediately apparent. If your condition worsens days or weeks after an accident, contacting an attorney is critical to ensure your claim reflects the full extent of your injuries.

Before the Statute of Limitations Expires

In New Jersey, personal injury claims are generally subject to a two-year statute of limitations from the date of the accident or injury discovery. Waiting too long can permanently bar your claim, regardless of its strength.

An attorney ensures your case is filed correctly and on time.

If You’re Wondering Whether Legal Help Is Worth It

Many people hesitate to call a lawyer due to cost concerns. However, most personal injury attorneys—including the Law Office of Stuart M. Nachbar, P.C.—work on a contingency fee basis , meaning:

No upfront legal fees
No out-of-pocket costs
You pay nothing unless compensation is recovered

This allows injured individuals to seek justice without financial risk.

Speak With a Livingston, New Jersey Personal Injury Attorney

If you’ve been injured due to someone else’s negligence, don’t wait to get answers. Understanding when to contact a personal injury attorney can help protect your rights and your recovery.

At the Law Office of Stuart M. Nachbar, P.C. , Attorney Stuart M. Nachbar has over 20 years of experience helping injured individuals pursue fair compensation. He handles personal injury cases on a contingency basis and serves clients throughout Livingston and surrounding New Jersey communities.

When Should You File Chapter 7 Bankruptcy in New Jersey?

Thu, 19 Feb 2026 17:00:22 GMT

When Should You File Chapter 7 Bankruptcy in New Jersey?

Financial stress can build quietly over time—or arrive suddenly after a job loss, medical emergency, or unexpected life event. When debt becomes unmanageable, many people wonder whether filing Chapter 7 bankruptcy in New Jersey is the right step—and, just as importantly, when to take that step.

Timing matters in bankruptcy. Filing too late can lead to wage garnishment, repossession, or foreclosure, while filing too early without proper planning may limit your options. Understanding the signs that it may be time to file can help you protect your finances and move toward a fresh start.

Signs It May Be Time to File Chapter 7 Bankruptcy

While every situation is unique, many individuals consider Chapter 7 bankruptcy when they experience one or more of the following:

Mounting credit card balances with no realistic way to pay them down
Collection calls, lawsuits, or creditor harassment
Wage garnishment or threats of garnishment
Falling behind on utility bills, medical bills, or personal loans
Relying on credit to cover basic living expenses

When debt payments consume most of your income and relief feels out of reach, bankruptcy may offer a legal solution.

Before Creditors Take Action

One of the most important reasons to file Chapter 7 bankruptcy is to stop creditor action . Once you file, the court issues an automatic stay , which immediately halts:

Collection calls and letters
Lawsuits and judgments
Wage garnishments
Bank levies
Repossession efforts

Waiting until after creditors seize assets or garnish wages can limit the protections bankruptcy provides. Filing earlier may help prevent long-term financial damage.

After a Job Loss or Major Income Change

Job loss, underemployment, or reduced income often pushes manageable debt into crisis. Chapter 7 bankruptcy may be appropriate when income drops to a level that makes repayment impossible and you qualify under the means test .

If your income has recently changed, speaking with a bankruptcy attorney can help determine whether waiting or filing immediately is in your best interest.

After Medical Debt Becomes Overwhelming

Medical bills are one of the leading causes of bankruptcy filings. Even individuals with insurance may face significant out-of-pocket costs. If medical debt continues to grow and collection efforts begin, Chapter 7 bankruptcy may allow you to eliminate those debts and regain financial stability.

Before Using Retirement Funds or Borrowing More Money

Many people try to avoid bankruptcy by draining retirement accounts or taking out high-interest loans. In many cases, retirement funds are protected in bankruptcy, while borrowing more money only deepens the problem.

Filing Chapter 7 bankruptcy before exhausting protected assets may preserve your long-term financial security.

When Chapter 7 May Not Be the Right Time

Chapter 7 bankruptcy is not ideal for everyone. You may need to consider alternatives if:

Your income exceeds Chapter 7 limits
You recently filed for bankruptcy
You are trying to protect significant non-exempt assets
You plan to incur large purchases or loans

A bankruptcy attorney can help evaluate whether Chapter 7, Chapter 13, or another approach is more appropriate.

The Importance of Timing and Legal Guidance

Timing a Chapter 7 bankruptcy involves more than choosing a date. Income, expenses, asset protection, recent transactions, and prior filings all affect eligibility and outcomes. Filing at the wrong time can result in denied discharge or loss of assets that could have been protected.

Working with an experienced bankruptcy attorney ensures the process is handled correctly from the start.

Speak With a Chapter 7 Bankruptcy Attorney in Livingston, New Jersey

If you’re struggling with overwhelming debt, you don’t have to face it alone. Understanding when to file Chapter 7 bankruptcy in New Jersey can make a meaningful difference in your financial future.

The Law Office of Stuart M. Nachbar, P.C. has over 20 years of experience helping individuals regain control of their finances. Attorney Stuart M. Nachbar provides knowledgeable, compassionate guidance to help clients protect their assets and pursue a fresh start.

Motorcycle Accident Claims in New Jersey: Protecting Your Rights After a Crash

Thu, 22 Jan 2026 17:00:22 GMT

Motorcycle Accident Claims in New Jersey: Protecting Your Rights After a Crash

Motorcycle riders face greater risks on the road than drivers of larger vehicles. With less physical protection, even a minor accident can result in severe injuries that affect every aspect of your life. If you’ve been injured in a motorcycle accident in New Jersey, it’s important to understand your rights and the legal options available to you. At the Law Office of Stuart M. Nachbar, P.C. , we stand up for injured riders, helping them pursue the compensation they deserve.

Why Motorcycle Accidents Are So Serious

Unlike cars or trucks, motorcycles don’t provide the same structural protection in a crash. Riders are often exposed to direct impact, which increases the likelihood of catastrophic injuries such as:

Broken bones and fractures
Traumatic brain injuries (TBIs) and concussions
Spinal cord injuries
Severe road rash and lacerations
Internal organ damage

These injuries can lead to expensive medical bills, lost wages, and long-term rehabilitation. An experienced motorcycle accident attorney can help you hold negligent drivers accountable and fight for the full recovery you need.

Common Causes of Motorcycle Accidents in New Jersey

Many motorcycle crashes occur because of the negligence of other drivers. Some of the most frequent causes include:

Drivers failing to check blind spots before changing lanes
Speeding or reckless driving
Distracted driving, including cell phone use
Failure to yield the right-of-way
Unsafe road conditions or poor maintenance

Regardless of the cause, if another party’s negligence contributed to your accident, you may be entitled to compensation.

What Compensation Can You Recover?

After a motorcycle crash, you may be eligible to seek compensation for:

Medical treatment: Hospital bills, surgeries, physical therapy, and ongoing care.
Lost wages: Income lost while you recover, plus reduced earning capacity if your injuries prevent you from working in the future.
Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident.

Because insurance companies often attempt to minimize payouts, having a knowledgeable attorney on your side is essential. Stuart Nachbar will fight aggressively to make sure your settlement reflects the true impact of your injuries.

Why You Shouldn’t Settle Too Quickly

Insurance companies may pressure you to accept a fast settlement, but doing so could mean giving up the right to pursue the full compensation you deserve. Once you sign, you may not be able to recover additional damages for future medical expenses or long-term effects of your injuries.

Attorney Stuart Nachbar can evaluate your case, explain your options, and negotiate with insurers on your behalf to ensure that your financial recovery is fair and just.

Speak With a New Jersey Motorcycle Accident Lawyer Today

If you’ve been injured in a motorcycle accident in Livingston or anywhere in New Jersey, don’t wait to seek legal guidance. At the Law Office of Stuart M. Nachbar, P.C . , we understand the challenges riders face after an accident, and we are dedicated to protecting your rights every step of the way.

Workers’ Compensation in New Jersey: What Injured Employees Need to Know

Thu, 25 Dec 2025 17:00:19 GMT

Workers’ Compensation in New Jersey: What Injured Employees Need to Know

Suffering an injury on the job can be overwhelming—not only are you dealing with pain and recovery, but you may also be worried about medical bills, lost income, and how your injury will affect your future. In New Jersey, workers’ compensation laws are designed to protect employees like you, ensuring that you receive the financial and medical benefits you need while you heal.

Law Office of Stuart M. Nachbar, P.C. , an experienced workers’ compensation attorney based in Livingston, New Jersey, is committed to helping injured workers secure the compensation they deserve. Whether your injury was caused by an accident, repetitive stress, or exposure to harmful conditions, you may be entitled to significant benefits.

What Does Workers’ Compensation Cover?

In New Jersey, most employers are required to carry workers’ compensation insurance. If you are injured while performing your job duties, you may be entitled to:

Medical Benefits: Coverage for necessary treatment, prescriptions, and rehabilitation.
Temporary Disability Benefits: Wage replacement if you are unable to work for more than 7 days.
Permanent Disability Benefits: Compensation for permanent injuries, either partial or total.
Death Benefits: Support for dependents if a worker tragically passes away from a work-related injury.

It’s important to understand that even if you are already receiving workers’ compensation, you may still be entitled to a lump-sum settlement —something many injured workers are unaware of without legal guidance.

Why Insurance Companies Push Back

Insurance companies often aim to reduce payouts. They may attempt to:

Dispute whether your injury is work-related.
Limit the type or length of medical treatment covered.
Offer a lower settlement than what you truly deserve.

Remember—insurance companies have lawyers protecting their interests. By hiring your own experienced workers’ compensation attorney, you level the playing field and ensure your rights are fully protected.

Common Workplace Injuries in New Jersey

Workplace accidents can happen in any industry. Some of the most common injuries include:

Slip and fall accidents
Back and neck injuries from lifting
Repetitive stress injuries (such as carpal tunnel syndrome)
Construction-related accidents
Burns or chemical exposure
Vehicle-related accidents while on the job

No matter the cause, you have the right to seek benefits and, when appropriate, additional compensation.

Why You Need a Workers’ Compensation Attorney

Navigating a workers’ compensation claim in New Jersey can be confusing and frustrating. Deadlines, medical reports, and insurance negotiations can easily become overwhelming. Attorney Stuart M. Nachbar has the experience to:

Thoroughly review your claim to maximize available benefits
Negotiate aggressively with insurance companies
Ensure you are not forced back to work before you’re ready
Pursue a fair settlement or, if needed, fight for you in court

Get the Help You Deserve Today

If you’ve been injured at work in Livingston, Essex County, or anywhere in New Jersey, don’t face the workers’ compensation system alone. Attorney Stuart M. Nachbar is here to advocate for your best interests and ensure you receive the compensation you deserve.

What Property Can You Keep in a Chapter 7 Bankruptcy in New Jersey?

Thu, 27 Nov 2025 17:00:13 GMT

What Property Can You Keep in a Chapter 7 Bankruptcy in New Jersey?

When overwhelming debt takes control of your life, Chapter 7 bankruptcy can provide a true financial fresh start. But one of the biggest questions clients ask is: “Will I lose everything if I file?”

The good news is that the answer is usually no. Bankruptcy laws—both federal and New Jersey-specific—allow you to keep certain types of property through exemptions . These exemptions are designed to protect the essentials you and your family need to live and rebuild after financial hardship.

New Jersey vs. Federal Exemptions

If you file for Chapter 7 in New Jersey, you must choose between state exemptions and federal exemptions . You can’t mix and match, so it’s important to review both options with your bankruptcy attorney to see which provides the greatest protection for your situation.

New Jersey State Exemptions

Under state law, some of the property you may keep includes:

Clothing and household goods (up to $1,000)
Furniture and housewares (up to $1,000)
One car with up to $1,000 equity
Disability benefits and unemployment benefits
Workers’ compensation benefits
Life insurance benefits in certain cases
Cemetery plots

These exemptions are limited, which is why many people choose the federal option instead.

Federal Bankruptcy Exemptions

The federal exemptions are updated periodically and often protect more property. Current federal exemptions include:

Home equity up to $27,900
Car equity up to $4,450
Jewelry up to $1,875
Household goods and personal property up to $14,875 (with item caps)
Tools of trade up to $2,800
Life insurance policies without cash value
Public benefits such as Social Security, disability, and veteran’s benefits

Federal exemptions also include a “wildcard exemption,” which allows you to apply unused exemption amounts to other property you want to protect.

Why Choosing the Right Exemptions Matters

Selecting between New Jersey and federal exemptions can mean the difference between keeping your car, your home equity, or other valuable assets. That’s why it’s critical to work with an experienced Chapter 7 bankruptcy attorney who can guide you through this process.

At the Law Office of Stuart M. Nachbar, P.C. we help individuals across Livingston and throughout New Jersey evaluate their financial situation, protect their property, and file for bankruptcy with confidence.

Get the Fresh Start You Deserve

Filing for bankruptcy doesn’t mean starting over with nothing—it means getting a chance to move forward without the crushing burden of debt. With the right guidance, you can use exemptions to safeguard your most important assets and rebuild your financial life.

Household Debt Continues to Climb—What It Means for Consumers

Fri, 07 Nov 2025 18:34:58 GMT

Household Debt Continues to Climb—What It Means for Consumers

A new report from the Federal Reserve Bank of New York shows steady growth in household debt balances and a rise in mortgage originations. As borrowing costs remain high, more Americans are struggling with repayment and credit stress.

Read the full report here: “Household Debt Balances Grow Steadily; Mortgage Originations Tick Up in Q3” .

If rising debt or financial hardship is affecting you, the Law Office of Stuart M. Nachbar, PC can help you explore your legal and financial relief options.

Important Update on Student Loan Forgiveness

Tue, 04 Nov 2025 19:00:39 GMT

Important Update on Student Loan Forgiveness

A recent article underscores a major shift in student-loan policy: the U.S. Department of Education, under the current administration, has agreed to resume and expand debt-cancellation for millions of borrowers enrolled in certain income-driven repayment programs.

Read the full article here: “Student Loan Forgiveness Update: Trump Admin Cancels Debt for Millions”

If you’re dealing with federal student-loan issues, income-driven repayment challenges, or potential relief that may affect your financial overview—or even influence actionable legal decisions—our law firm is ready to advise and advocate on your behalf.

Stay Ahead of Your Tax Risks

Tue, 04 Nov 2025 18:58:41 GMT

Stay Ahead of Your Tax Risks with The Law Office of Stuart M. Nachbar, P.C.

An important new article highlights that the Internal Revenue Service (IRS) now has broader access to taxpayer assets than you may realize. It’s not just about your bank account anymore—it’s about real-estate, investment accounts, and other property types that could be at risk.

Read the full article here: “The IRS can now touch more than your bank account — here’s what you should know”

If you’re facing tax-related concerns, liens, asset seizures, or notice that the IRS is expanding its reach into your property holdings, the Law Office of Stuart M. Nachbar, PC is here to help. Our experienced team understands the complexities of tax enforcement—and we’re ready to defend your rights and protect your assets.

Pedestrian Accidents Attorney in Livingston, New Jersey: Your Rights After a Serious Injury

Thu, 30 Oct 2025 16:00:16 GMT

Pedestrian Accidents Attorney in Livingston, New Jersey: Your Rights After a Serious Injury

When a vehicle strikes a pedestrian, the results can be devastating. Unlike drivers, pedestrians have no protection from the force of impact—often leading to life-altering injuries, emotional trauma, and financial strain. If you or someone you love was hurt while walking, you may be entitled to compensation. Let Stuart Nachbar , an experienced personal injury attorney in Livingston, New Jersey, help you fight for the justice you deserve.

Common Causes of Pedestrian Accidents

Even though pedestrians typically have the right of way, drivers don’t always pay attention. Most pedestrian accidents occur because of:

Distracted driving (texting, GPS use, etc.)
Speeding in residential or crosswalk areas
Failure to yield at intersections or crosswalks
Driving under the influence
Weather or low-light conditions

The consequences for pedestrians can be severe—resulting in broken bones, traumatic brain injuries, spinal damage, internal bleeding, and even fatalities. But you don’t have to face the aftermath alone.

What to Do After a Pedestrian Accident

If you’ve been hit by a vehicle, your first priority is getting immediate medical care , even if injuries aren’t obvious at first. Many trauma symptoms—like concussions or internal injuries—develop gradually.

Report the accident to the police and obtain a copy of the accident report
Document the scene with photos and witness contact info
Do not speak to the driver’s insurance company before consulting an attorney
Keep a written record of your pain, treatment, and missed work

Attorney Stuart Nachbar can help you use this documentation to strengthen your injury claim and protect your legal rights from day one .

What Compensation Can You Receive?

Depending on your injuries and the impact on your life, you may be entitled to compensation for:

Medical expenses
Physical therapy and rehabilitation
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Long-term disability or disfigurement

Stuart Nachbar will work tirelessly to calculate and pursue the maximum value of your claim, whether through aggressive negotiation or at trial.

Why Legal Representation Matters

Insurance companies often try to shift blame onto the pedestrian—or offer quick settlements that don’t cover your full damages. Having an experienced attorney on your side ensures:

Thorough investigation of the accident
Professional review of police reports and medical documentation
Strategic handling of insurance companies
No out-of-pocket legal fees unless you’re compensated

Stuart Nachbar is known for his commitment, compassion, and relentless pursuit of justice on behalf of injury victims across New Jersey.

Don’t Wait—Act Before the Legal Deadline

New Jersey has strict deadlines for filing pedestrian injury claims. Don’t risk losing your right to compensation by waiting too long. The sooner you reach out, the stronger your case will be.

Workers’ Compensation Attorney in Livingston, New Jersey: Know Your Rights After a Workplace Injury

Thu, 02 Oct 2025 16:00:06 GMT

Workers’ Compensation Attorney in Livingston, New Jersey: Know Your Rights After a Workplace Injury

A workplace injury can turn your life upside down. Whether you're dealing with mounting medical bills, lost wages, or uncertainty about your future, it’s easy to feel overwhelmed. That’s where the  Law Office of Stuart M. Nachbar, P.C. . steps in. As a dedicated workers' compensation attorney based in Livingston, New Jersey, Stuart Nachbar is committed to protecting your rights, maximizing your benefits, and guiding you toward full financial recovery.

If you’ve been injured on the job, you may be entitled to compensation— even if you’re already receiving payments from an insurance provider. Don’t leave money on the table.

Are You Eligible for Workers’ Compensation?

In New Jersey, most employees are covered under the state’s workers’ compensation laws. This means you may be entitled to benefits if:

You were injured while performing your job
You developed a work-related illness
Your condition prevents you from working temporarily or permanently

Common claims include:

Falls, slips, or trips on the job
Machinery or equipment injuries
Repetitive stress injuries
Back and neck injuries
Exposure to toxic substances
Construction or warehouse accidents

Stuart Nachbar will evaluate your unique situation at no cost and determine what benefits you qualify for—and how to secure them quickly.

What Benefits Can You Recover?

Depending on the details of your case, you may be eligible for:

Medical treatment (including surgery, rehab, prescriptions)
Temporary disability benefits (while you are unable to work)
Permanent partial or total disability (if you are permanently impaired)
Lost wage reimbursement
Lump sum settlements in certain cases
Death benefits for surviving family members

Even if you’re already receiving compensation, you may still qualify for more —but only if you know how to ask for it. That’s where legal representation makes a difference.

Why Insurance Companies Don’t Want You to Have a Lawyer

Insurance companies work hard to reduce their financial exposure. Their representatives may offer quick settlements that seem helpful—but in reality, these offers may not reflect the true value of your injury or the long-term costs you face.

Stuart Nachbar knows their tactics—and how to beat them. He’s not afraid to challenge adjusters, push back on lowball offers, or take your case to a workers’ comp judge if needed.

No Win, No Fee: It Costs You Nothing Upfront

You deserve legal representation without the risk. At the Law Office of Stuart M. Nachbar, your case evaluation is 100% free , and you pay no legal fees unless we recover compensation for you . That’s a promise.

Start with a Free Consultation

Don’t guess about your rights. Get clear answers and trusted legal help from a local advocate who has your back.

Auto Accidents Attorney in Livingston, New Jersey: Fighting for the Compensation You Deserve

Thu, 04 Sep 2025 16:00:07 GMT

Auto Accidents Attorney in Livingston, New Jersey: Fighting for the Compensation You Deserve

A car crash can change your life in an instant—physically, emotionally, and financially. From painful injuries to costly medical bills and the mental strain of dealing with insurance companies, the aftermath can feel overwhelming. If you've been hurt in an auto accident in New Jersey, you deserve an attorney who sees the full picture—and fights hard for the justice you’re owed.

At the Law Office of Stuart M. Nachbar, P.C. , we advocate for auto accident victims across Livingston and beyond with dedication, strategy, and compassion.

Why You Need an Attorney After a Car Accident

Insurance companies are not on your side. While they may seem helpful at first, their primary goal is to minimize payouts —not ensure you get what’s fair. That’s why it’s essential to have a skilled personal injury lawyer in your corner who knows how to challenge their tactics.

Attorney Stuart Nachbar brings years of experience and tenacity to every auto accident case. From the moment you reach out, he begins a thorough investigation to preserve evidence, build your case, and position you for maximum compensation —whether through settlement or litigation.

What Types of Damages Can You Recover?

If someone else’s negligence caused your accident, you may be entitled to financial compensation for:

Medical expenses (past, current, and future)
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress or trauma
Property damage
Wrongful death (if a loved one was killed in the crash)

Each case is unique, and Stuart Nachbar takes the time to understand every aspect of your loss , ensuring no detail is overlooked in the pursuit of justice.

A Detail-Oriented Approach to Case Building

What sets our firm apart is our relentless attention to detail. Stuart doesn’t just rely on the basic accident report—he digs deep:

Examining crash scene evidence
Interviewing witnesses
Reviewing medical records and treatment plans
Consulting with experts when necessary
Holding negligent drivers and insurance companies accountable

This careful approach helps build a strong foundation for negotiations—or trial, if needed.

Fatal Car Accidents: Seeking Justice for a Loved One

When a car crash turns tragic, legal action may be the last thing on your mind. But if your family has lost a loved one in a fatal accident, Stuart Nachbar is here to be their voice . He provides compassionate, focused representation in wrongful death claims, helping surviving family members pursue accountability, closure, and financial support during an incredibly difficult time.

Take the First Step Toward Justice

You don’t have to face this battle alone. Whether your accident resulted in minor injuries or life-altering trauma, you deserve to be heard—and fully compensated.

How to Qualify for Chapter 7 Bankruptcy in New Jersey

Thu, 17 Jul 2025 19:00:01 GMT

How to Qualify for Chapter 7 Bankruptcy in New Jersey

If you're overwhelmed by debt and looking for a way to regain control of your finances, Chapter 7 bankruptcy may be an option. Often referred to as “straight bankruptcy” or “liquidation bankruptcy,” Chapter 7 allows eligible individuals to eliminate most unsecured debts and get a fresh start.

At Stuart M. Nachbar, P.C. , we help individuals across New Jersey understand whether they qualify for Chapter 7 and guide them through the process. Here's what you need to know if you're considering filing in New Jersey.

What Is Chapter 7 Bankruptcy?

Chapter 7 is a legal process designed to help people eliminate certain debts they can no longer afford to repay. Once the case is successfully completed, qualifying debts—such as credit cards , medical bills , personal loans , and collection accounts —are discharged, meaning you're no longer legally required to pay them.

Unlike Chapter 13 bankruptcy, there’s no repayment plan in Chapter 7. However, you must meet certain eligibility requirements before filing.

Step 1: The Chapter 7 Means Test

The most important factor in determining eligibility for Chapter 7 is the means test , a formula used to compare your income to the median income in New Jersey for a household of your size.

How It Works:

If your monthly income is below the state median, you automatically pass the means test and can file for Chapter 7.
If your income is above the median, additional calculations will determine whether you have enough disposable income to repay your debts through a Chapter 13 plan instead.

2025 Median Income Estimates (Subject to Updates):

1-person household: approx. $77,000
2-person household: approx. $93,000
3-person household: approx. $115,000
4-person household: approx. $135,000

Note: These figures are adjusted periodically. An attorney can help calculate your eligibility based on updated income limits and your specific financial data.

Step 2: Review of Income and Expenses

Passing the means test isn’t the only requirement. Your actual income, expenses, and financial obligations are reviewed to confirm that you are not able to repay your debts. This includes:

Monthly income from all sources
Rent or mortgage obligations
Utility costs
Food, transportation, and healthcare expenses
Family size and dependents

If your disposable income is low enough after accounting for allowable living expenses, you likely qualify for Chapter 7.

Step 3: Asset and Property Review

Chapter 7 may involve liquidating non-exempt assets to pay creditors, but most New Jersey filers keep all of their property by using federal or state exemption laws .

Commonly Protected Assets:

Equity in a primary residence (with limits)
Vehicles (up to a certain value)
Retirement accounts
Household goods and clothing
Tools of the trade
Public benefits and wages (to a degree)

Choosing between New Jersey exemptions and federal bankruptcy exemptions can impact what you’re able to keep. A review of your property helps determine how to file while minimizing loss.

Step 4: Mandatory Credit Counseling

To file for Chapter 7, you must complete a pre-bankruptcy credit counseling course through an approved agency. This course usually takes about 90 minutes and must be completed within 180 days before filing.

Step 5: Filing with the Bankruptcy Court

Once you meet the income and eligibility requirements and complete the counseling session, your bankruptcy petition can be filed with the U.S. Bankruptcy Court for the District of New Jersey . Upon filing, the automatic stay goes into effect—immediately stopping creditor collection efforts, lawsuits, wage garnishment, and foreclosure proceedings.

Who Should Consider Chapter 7?

You may benefit from Chapter 7 bankruptcy in New Jersey if:

You have high unsecured debt like credit cards or medical bills
You’re being sued or facing wage garnishment
You’ve fallen behind on bills with no realistic way to catch up
You don’t own significant assets that could be at risk
You want a fast resolution (most cases close in 4–6 months)

Who Might Not Qualify?

You may not qualify for Chapter 7 if:

You earn too much income and don’t pass the means test
You filed Chapter 7 within the past 8 years
You have assets you wish to protect that aren't covered by exemptions
You have debts that cannot be discharged (such as child support, most taxes, or student loans)

In these cases, Chapter 13 bankruptcy may be a better fit.

Need Help Determining If You Qualify?

Filing for bankruptcy is a significant legal decision—but with the right guidance, it can be a clear and manageable process. At Stuart M. Nachbar, P.C. , we help clients determine if they qualify for Chapter 7 and explain their options with clarity and honesty.

If you’re ready to stop the cycle of debt and take back control, we’re here to help.

Preparing for Student Loan Repayment Resumption

Thu, 10 Jul 2025 14:24:22 GMT

As student loan payments resume, many borrowers are feeling the pressure of higher monthly bills. While bankruptcy still doesn’t discharge student loans in most cases, it can provide a financial reset that helps manage other debt and free up income. This article explores the implications of the payment hike and how strategic planning, including bankruptcy considerations, may help borrowers stay afloat.

What Debts Are Discharged in Bankruptcy?

Thu, 19 Jun 2025 22:00:00 GMT

What Debts Are Discharged in Bankruptcy?

If you're struggling to keep up with bills and considering bankruptcy, one of the first questions you may have is: What debts can actually be eliminated? Bankruptcy offers powerful financial relief, but not every type of debt qualifies for discharge.

At Stuart M. Nachbar, P.C. , we work with individuals and families across New Jersey to help them understand their legal options. Below, we explain how debt discharge works in bankruptcy, which obligations are typically wiped out, and which ones remain after the process ends.

Understanding Debt Discharge

When a debt is discharged in bankruptcy, you are no longer legally required to pay it. Once the bankruptcy court enters a discharge order, creditors are permanently barred from collecting the debt, contacting you, or pursuing legal action related to it.

The types of debt that can be discharged vary depending on whether you file under Chapter 7 or Chapter 13 , and on how the debt is classified—secured or unsecured.

Common Debts That Are Discharged

Most consumer bankruptcy cases involve unsecured debts , which are not tied to collateral. These are generally the easiest to discharge.

Credit Card Balances

Unpaid credit card bills, including late fees and penalties, are usually eligible for discharge.

Medical Bills

Hospital charges, doctor's fees, and other healthcare-related debts are typically wiped out.

Personal Loans

Unsecured loans from banks, credit unions, or even personal acquaintances (if properly documented) can be eliminated.

Utility Bills

Past-due electric, water, gas, and phone bills may be discharged. Keep in mind that future service may require a deposit.

Collection Accounts

Debts that have been transferred to collection agencies—such as credit card or utility balances—can be discharged in most cases.

Repossession Deficiencies

If your vehicle was repossessed and you still owe money after the sale, the remaining balance can often be eliminated.

Debts That Are Not Typically Discharged

While bankruptcy can eliminate many types of debt, some obligations are excluded under federal law. These non-dischargeable debts include:

Student loans , unless you can prove undue hardship through an adversary proceeding
Recent income taxes and most other tax debts
Child support and alimony
Court-ordered fines and criminal restitution
Debts related to fraud or willful misconduct
Personal injury judgments from DUI-related accidents

Although these debts remain after bankruptcy, filing can still provide indirect relief by freeing up income previously allocated to unsecured obligations.

Differences Between Chapter 7 and Chapter 13 Discharge

In a Chapter 7 bankruptcy , the discharge typically occurs about three to six months after filing. It’s designed for individuals with limited income who cannot afford to repay their debts.

In Chapter 13 bankruptcy , debt discharge comes after completion of a repayment plan, which usually spans three to five years. Chapter 13 may also allow for partial repayment of certain debts that are not dischargeable in Chapter 7.

Protecting Your Rights During the Process

In order to have a debt discharged, it must be properly listed in your bankruptcy paperwork. Inaccurate or incomplete documentation could prevent certain debts from being discharged—even if they are otherwise eligible.

Working with an attorney who understands the bankruptcy process in New Jersey can help ensure that you protect your assets, meet court requirements, and include all eligible debts.

Find Out What Bankruptcy Could Do for You

Discharging debt through bankruptcy can provide the clean break you need to regain control of your finances. Understanding which debts qualify—and which do not—is an essential step in deciding whether bankruptcy is right for you.

At Stuart M. Nachbar, P.C. , we provide honest, straightforward guidance for individuals across New Jersey. If you’re ready to explore your legal options, we’re here to help.

Contact us today to schedule your free consultation and take the next step toward financial relief. Visit www.snanj.com or call our office to get started.

Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?

Thu, 22 May 2025 16:30:00 GMT

Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?

When debt becomes overwhelming, filing for bankruptcy can provide a clear path forward. At The Law Offices of Stuart M. Nachbar, P.C. , we help individuals throughout New Jersey understand their legal options, including the two most common forms of consumer bankruptcy: Chapter 7 and Chapter 13 .

Each type of bankruptcy has unique features, benefits, and eligibility requirements. In this article, we’ll break down the key differences so you can make an informed decision about your financial future.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy , often referred to as “straight bankruptcy” or “liquidation bankruptcy,” is designed for individuals who do not have the income to repay their debts. When you file under Chapter 7, certain unsecured debts—like credit card balances and medical bills—can be wiped out entirely.

Key Points:

Quick Process : Most cases are completed in 4–6 months.
Debt Discharge : Eliminates qualifying unsecured debts.
Property Exemptions : Many filers are able to keep their home, vehicle, and other essentials.
Means Test Required : Your income must fall below a certain threshold to qualify.

This option can offer a clean slate, though it's important to understand what property is protected under New Jersey's bankruptcy exemptions.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is often called a “reorganization plan.” It allows individuals with regular income to create a structured repayment plan, usually over 3 to 5 years. Instead of eliminating debt outright, it gives you time to pay back what you owe—often at a reduced rate—while keeping your assets.

Key Points:

Repayment Plan : Debts are paid in manageable monthly installments.
Keep Your Property : Ideal for those trying to avoid foreclosure or repossession.
No Income Limit : However, there are limits on how much debt you can have.
Good for Secured Debt : Useful if you’re behind on mortgage or car payments.

Chapter 13 is best suited for people who have steady income and want to retain important assets while managing past-due accounts.

Which Option Is Right for You?

Choosing between Chapter 7 and Chapter 13 depends on several factors:

Your current income and job stability
The types of debt you owe (secured vs. unsecured)
Whether you’re behind on mortgage or car payments
Your long-term financial goals

If you need a quick reset and don’t have the means to repay your debt, Chapter 7 may be the best fit. If you’re trying to protect your home from foreclosure or want to catch up on payments over time, Chapter 13 may be more appropriate.

Talk to a New Jersey Bankruptcy Attorney

Deciding whether to file for bankruptcy—and which type to choose—isn’t easy. At Stuart M. Nachbar, P.C. , we’ve helped countless New Jersey residents navigate Chapter 7 and Chapter 13 filings. Our goal is to help you understand your options and take the right steps toward financial relief.

We offer personalized guidance tailored to your situation, and we’re committed to helping you make decisions that support your long-term well-being.

Ready to Take Control of Your Financial Future?

If you're thinking about filing for bankruptcy in New Jersey, schedule a consultation with Stuart M. Nachbar, P.C. today. We’ll review your situation, explain your rights, and help you move forward with confidence.

What Happens During the Bankruptcy Process in New Jersey?

Thu, 20 Mar 2025 14:45:00 GMT

Filing for bankruptcy can feel overwhelming, but understanding the process can help you feel more confident about your financial future. With guidance from an experienced attorney, you can navigate the necessary steps smoothly and make informed decisions about the best course of action for your situation.

Step 1: Initial Consultation

The bankruptcy process begins with an initial consultation where you and your attorney discuss your financial situation. During this meeting, Stuart Nachbar, a trusted bankruptcy attorney in New Jersey, will help you understand your options. He will evaluate whether Chapter 7 bankruptcy, which involves the liquidation of non-exempt assets, or Chapter 13 bankruptcy, which allows for a structured repayment plan, is the best fit for your circumstances. This step ensures you have a clear understanding of the potential outcomes before proceeding.

Step 2: Preparing and Filing Your Case

Once you’ve decided to move forward, your attorney will handle the preparation and filing of your case. This involves compiling all necessary financial documents, such as income statements, debt information, and asset lists, to provide a comprehensive picture of your financial status. Stuart Nachbar will ensure that all required paperwork is complete and accurate before filing it with the bankruptcy court.

Step 3: Working with the Bankruptcy Trustee

After filing, a bankruptcy trustee is assigned to your case. Your attorney will submit all required documentation to the trustee, ensuring your case proceeds smoothly through the legal system. The trustee's role is to oversee the bankruptcy process, whether it involves liquidating non-exempt assets under Chapter 7 or managing payments under a Chapter 13 repayment plan.

Step 4: Navigating the Bankruptcy Process

Throughout the process, your attorney will represent your interests, respond to any challenges, and address any questions or concerns you may have. Even having to attend the mandatory meeting of creditors, your attorney will guide you every step of the way.

Why Legal Guidance Is Important

Bankruptcy laws and requirements can be complex, and having an attorney to navigate the process can help avoid mistakes that could delay or jeopardize your case. A knowledgeable attorney will ensure that all legal procedures are followed and that your rights are protected throughout the process.

Take Control of Your Financial Future

Filing for bankruptcy is a significant step toward resolving overwhelming debt and rebuilding your financial future. With guidance and support from Stuart Nachbar, you can feel confident in navigating the bankruptcy process. Contact the Law Office of Stuart M. Nachbar today to schedule a consultation and take the first step toward financial stability.

Can I Keep My House Under Chapter 13 Bankruptcy?

Thu, 20 Feb 2025 16:45:01 GMT

Facing the possibility of losing your home due to foreclosure can be overwhelming, but Chapter 13 bankruptcy may provide a way to protect your property while addressing your financial challenges. Unlike Chapter 7 bankruptcy, which often involves liquidating assets to pay off debts, Chapter 13 focuses on creating a structured repayment plan that allows you to catch up on missed payments and stay current on your mortgage.

How Chapter 13 Can Help You Save Your Home

One of the primary benefits of Chapter 13 bankruptcy is its ability to stop foreclosure proceedings. As soon as you file for Chapter 13, the court issues an automatic stay, which temporarily halts foreclosure and other collection efforts. This gives you time to work out a repayment plan, which typically lasts between three to five years.

Your repayment plan will include catching up on overdue mortgage payments while continuing to make regular payments moving forward. This structured approach can give you the breathing room needed to regain financial stability and protect your home from being taken by creditors.

Loan Modification Opportunities

Another key advantage of Chapter 13 is the opportunity to pursue a loan modification through the Court’s Loan Modification Program (LMP). This program is designed to help homeowners negotiate more favorable terms with their lenders, such as reduced interest rates, extended repayment periods, or even a lower principal balance. While loan modifications are not available in Chapter 7, they can play a crucial role in helping you stay in your home under Chapter 13.

Timing Is Critical

If you’re concerned about losing your home, it’s important to act quickly. Waiting until foreclosure proceedings are well underway can limit your options. Filing for Chapter 13 before your home is at risk can provide more time to create a viable repayment plan and explore loan modification options.

Why You Need a Bankruptcy Lawyer

Navigating the complexities of Chapter 13 bankruptcy can be challenging. From understanding the repayment plan requirements to leveraging the Court’s Loan Modification Program, having a knowledgeable bankruptcy attorney by your side is invaluable. An attorney can help you assess your financial situation, develop a strong case for repayment, and negotiate with your creditors to achieve the best possible outcome.

Take Action to Protect Your Home

If you’re facing foreclosure or struggling to keep up with mortgage payments, Chapter 13 bankruptcy may offer the relief and protection you need to save your home. Contact the Law Office of Stuart M. Nachbar in Livingston, NJ, to discuss your options and take the first steps toward financial stability. Call us today to learn more about how Chapter 13 can work for you.

Chapter 7 Bankruptcy in Livingston, NJ: Your Path to Financial Freedom

Thu, 23 Jan 2025 13:00:07 GMT

Debt can quickly become overwhelming, especially during challenging economic times. If you find yourself struggling to make ends meet as your income is consumed by debt payments, you are not alone. Chapter 7 bankruptcy may offer a path to regain control of your finances and get the fresh start you deserve.

Why Consider Chapter 7 Bankruptcy?

When debt becomes unmanageable, it can lead to significant financial stress. You may be worried about losing your home, car, or other assets. Chapter 7 bankruptcy offers relief by discharging certain unsecured debts, such as:

Credit card debt
Medical bills
Non-Collateralized Debt

Filing for Chapter 7 also initiates an automatic stay, which temporarily halts actions from creditors, including foreclosure, repossession, and wage garnishments. This immediate relief can provide much-needed breathing room to begin rebuilding your financial future.

Acting Quickly Matters

Delaying action can lead to severe consequences, such as foreclosure, repossession, or depleted savings. The sooner you explore your options, the better positioned you’ll be to protect what matters most.

If you’re in Livingston, NJ, and considering Chapter 7 bankruptcy, taking swift action can help you regain financial stability.

How Attorney Stuart M. Nachbar Can Help

Navigating bankruptcy can be complex, but you don’t have to face it alone. Attorney Stuart M. Nachbar has been helping individuals and families in Livingston, NJ, work through the Chapter 7 process. From evaluating your financial situation to representing your interests in court, Mr. Nachbar is committed to guiding you through every step.

Benefits of Chapter 7 Bankruptcy

Debt Discharge : Eliminate qualifying debts and start fresh.
Immediate Relief : Stop creditor actions with an automatic stay.
Protect Assets : Retain certain exempt property during the process.

Take Control of Your Financial Future

Living with debt can feel like an endless cycle, but you don’t have to face it alone. Chapter 7 bankruptcy can offer a way forward, giving you the chance to rebuild and move toward financial freedom.

Congress Authorizes Nearly $2 Billion For Autism

Tue, 07 Jan 2025 20:01:16 GMT

In a groundbreaking move, Congress has authorized nearly $2 billion in funding to enhance autism research and support services over the next several years. This significant investment underscores a growing commitment to addressing the needs of individuals with autism and their families. From advancing scientific understanding to expanding access to critical resources, the funding aims to create a brighter future for the autism community.

Read this article from DisabilityScoop to explore what this means for research, services, and advocacy efforts nationwide.

Not Paying Surcharges?

Tue, 07 Jan 2025 18:59:30 GMT

Drivers failing to pay surcharges are sent a notice indicating when their license will be suspended and another notice confirming suspension for non-payment. Moving out of state or failing to maintain a current address with the MVC does not excuse surcharge debts. After suspension, surcharges and a $100 restoration fee must be paid to restore the license privilege. If the surcharge remains unpaid a Certificate of Debt is filed in Superior Court. The court issues a judgment, which allows the state to collect unpaid surcharges through involuntary means. The judgment amount (surcharge debt) must be paid before personal property can be transferred or sold. Judgments include a collection cost and interest charges calculated on the judgment balance. Unpaid judgments are assigned to collection agencies and law firms. Credit bureaus are made aware of unpaid accounts. If you accumulate too many points against your license or are convicted for particular traffic offenses, you may be required to pay a surcharge in order to keep your license.

For 6 points within 3 years, you’ll have to pay $150, plus $25 for each additional point. For your first DWI, you’ll have to pay $1,000. Worse, those aren’t just one-time charges. You’ll have to pay every year for three years. So, you’ll pay a total of $450 over 3 years for having 6 points. For a DWI, you’ll pay a total of $3,000 over 3 years.

What Happens If You Don’t Pay A Surcharge?

If you don’t pay a surcharge, the New Jersey DMV will suspend your license. In order to get your license reinstated, you’ll have to pay the surcharge and a reinstatement fee of $100. Remember that driving on a suspended license will cost you a surcharge of $250 per year for 3 years, so you can’t just ignore the problem.

How Can We Help?

When you file for bankruptcy, the New Jersey DMV will reinstate your license. You can discharge your surcharge debt through the bankruptcy process under either Chapter 7 or Chapter 13, so you won’t have to worry about your license getting suspended again for the same charges.

What Fines and Surcharges Can Be Discharged?

Any municipal traffic court fines from speeding, to DUI, to driving without a license can be discharged by filing Chapter 7 bankruptcy or Chapter 13 bankruptcy. In addition, all DMV surcharges (including the $3,000 surcharge for DUI) can be discharged.

Fines and surcharges are unsecured debts. All unsecured debts can be discharged by filing Chapter 7 bankruptcy. Most unsecured debts can be discharged in a Chapter 13 bankruptcy filing, but you may have to pay back a small percentage of the fine or surcharge over a three- to five-year period.

DUI Arrest and Bankruptcy

A drunk driving arrest can put anyone into a deep financial hole. In today’s economy, few people can afford the fines or vehicle surcharges that come with a conviction. Filing bankruptcy can be a way to get a fresh start.

Your Time Is Limited

If you let surcharges go unpaid, the DMV may choose to file a Certificate of Debt in court. The court will issue a formal judgment against you and may allow the DMV to collect from you whether you like it or not. That may mean levying your bank account or garnishing your wages. Filing for bankruptcy will get you the protection of the automatic stay, which will stop wage garnishment and other collection actions for the duration of the bankruptcy, but you won’t be able to get a discharge for surcharge debt if there’s already a judgment against you.

Here is the NJ MVC's Official Policy, Taken from the State's Website:

I FILED FOR BANKRUPTCY. HOW DOES THAT AFFECT THE SURCHARGES THAT I OWE?

If you have a surcharge assessment and have filed for bankruptcy, a copy of your bankruptcy petition needs to be forwarded to the Surcharge Administration Office, P.O. Box 136, Trenton, NJ, 08666 or faxed to (609) 633-8273. After the MVC receives the petition, a hold will be placed on your surcharge account and any surcharge suspensions will be satisfied. If an MVC restoration fee is due, you will be responsible for that payment.

Once your bankruptcy case is discharged, the Surcharge Administration has the ability to write-off the entire balance on all pre-petition event violations. However, you will be responsible and billed for all post-petition surchargeable violations. These are violations you incurred after filing for bankruptcy. Please note that only surcharge assessments are dischargeable. Judgments are non-dischargeable. To have the judgments satisfied, you will need to pay them in full, or petition the Superior Court, a year after your discharge, to have the judgments vacated.

If your bankruptcy case is dismissed, you will be responsible and billed for the entire balance of your surcharge account. If you re-file or your case is re-opened, you will need to mail or fax the Surcharge Administration. Please contact the Bankruptcy Unit at (609) 292-7500, extension #5025 for further information.

Is Special Needs Education Really Improving?

Tue, 07 Jan 2025 18:55:18 GMT

When it comes to education, there are a lot of indications that special needs law is improving. Resources and research continue to guide parents and teachers into best practices and science-based tips for success. But even with the continued improvements and awareness, many experts believe that the special needs education system is still broken and far more complicated than it needs to be.

In 1975, President Gerald Ford signed the “Education for All Handicapped Children Act.” But he signed it with a statement of concern that the law was underfunded, promised too much to families, and was burdened by complex technical requirements, according to Education Week .

Now, over 43 years later, many people still adhere to Ford’s concerns. Education Week goes on to say that the most concerned people are those who have spent their professional careers or personal lives deeply involved in the cause of educating students with disabilities. Many experts agree that while the specialized education system for special needs children is progressing, the implementation of the system is broken and so it is not fully functioning.

Judith Heumann – a pioneer in securing legal rights for the disabled – explains some main areas of concern for the future of special needs education:

Underfunding. Special Education Degrees further explains the budget issues that span the nation regarding special needs education, saying that special education programs are facing increasing enrollment and decreasing budgets. The result is that there are fewer teacher assistants available, which results in a greater workload for special education teachers. The teachers available may also face shortages of essential resources and equipment for delivering effective lessons.
Failure to identify and evaluate students properly. Sometimes the special learning needs are either not identified at all, or not identified in a timely manner.
Misplacement of services. Some children receive special needs instruction who do not need it, and some children who need it do not receive it.
A chronic shortage of special needs teachers. This shortage is in part due to the budget constraints, and also due to lack of professional support for teachers in this field.
Poor implementation and the need for simplicity in a complex system. This is apparent in the reality that many parents with special needs children still find it difficult to secure the education that their children need and deserve.

In these and other respects, the future of special needs education does look concerning. And if you’re the parent of a child with special needs, you’ve likely faced your own unique challenges. We have a long way to go in making education fulfilling and fair for all children with disabilities. But that doesn’t mean you have to weather the storm alone! Sometimes, bringing justice to the system starts with bringing justice to your child and your family. If you’re concerned about the special needs education your child is receiving in New Jersey, or feel that your child is being treated unfairly, it might be time to talk to an attorney experienced in special needs law.

The Law Office of Stuart M. Nachbar. has been helping families like yours for 20 years now, and he’s here to help fight for the legal rights of you and your child. Give us a call at (973) 233 4049 or contact us online today !

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

7 Telltale Signs of Special Needs Discrimination at School

Tue, 07 Jan 2025 18:50:48 GMT

Anyone who has special needs children will say that raising them is a joy, but also a challenge. Because of the unique attention and environment that special needs children require, just getting them effective education can be tough. But discrimination against special needs children is all too common! Add discrimination to the mix, and parents face an even more difficult journey. The good news is that you’re not alone! The Law Office of Stuart M. Nachbar has been fighting special needs discrimination cases in New Jersey for years now, and we’re here to fight for your child too!

Did you know? According to the U.S. Department of Education , any entity that receives federal financial assistance (such as grants or student loans) is prohibited from discriminating against persons with disabilities. Your child is legally protected against discrimination while at school!

Unfortunately, many parents do not get legal help because they do not realize that their child is being discriminated against. Uphill battles might feel normal to many parents of special needs children, making it challenging to spot the unjust discrimination happening in their schools. What are some signs that your special needs child is battling discrimination at school?

Your Child Doesn’t Have a Role to Play in School Activities or Extracurricular Athletics
Other Students Aren’t Made to Understand the Needs of Your Child
Teachers Don’t Employ Adaptive Strategies for Your Child
Your Child Lacks Peer Support at School
The School Refuses to Develop an IEP (Individualized Educational Plan) for Your Child
The School Fails to Provide Elementary and Secondary Students a Free Appropriate Public Education (FAPE)
Your Child Receives Discriminatory Discipline at School

These are just a few examples of how your special needs child might be experiencing discrimination at school. According to StopBullying.gov , teachers, school staff, and other students need to understand the specific impairments of a child’s special needs, so that they can develop strategies and support systems to help special needs children participate and succeed in class and with their peers. If you feel that your child is not getting the support they need at school, it might be time to contact a lawyer who specializes in Special Needs Law! Whether you have questions about how your child is protected by the law in New Jersey, or are ready to pursue a case, The Law Office of Stuart M. Nachbar, P.C. is here to support you! Get started by calling our office at 973-834-8058 or by contacting us online for more information.

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

What Affects Your Credit

Tue, 07 Jan 2025 18:47:44 GMT

Many people wonder what actions they take effect their Credit? What can they do to raise a Credit Score? What are the Criteria that Equifax, Experian and TransUnion use to create and reduce/raise the score? Below are the primary items these groups look at:

1. On-Time Payments:

To lenders, your history of on-time payments indicates whether you'll make payments on-time in the future.

2. Oldest Credit Line:

The age of your oldest account indicates to lenders how much experience you have handling credit.

3. Credit Used:

Lenders look for signs of responsible credit usage, and the less you use, the better it is for your score. If it's possible, try to reduce how much you owe by paying as much as you can each month. Using less than 30% of your available credit is a good goal.

4. Recent Inquiries:

With some exceptions, lenders tend to see too many recent inquiries as a sign of risk, so the fewer the better. If you're borrowing too much, a lender might see this as a sign that you're stretched too thin financially and might not be able to pay them back.

5. New Accounts:

To lenders, opening too many new accounts in a short window of time could point to credit problems.

6. Available Credit:

Your Debt to Income Ratio as well as the amount of Credit accessible balanced against the amount that you owe in Credit Debt. Obviously, such things as Judgments, Foreclosure, Bankruptcy and Repossessions can also effect your credit score. Each one of these items works differently as well. Speak to your bankruptcy lawyer about your situation and perhaps he/she can explain this part and how bankruptcy may actually help to raise the score.

Comparing Debt Relief to Bankruptcy

Tue, 07 Jan 2025 18:45:43 GMT

How does debt relief work?

According to a Debt Relief Program Group, whose name shall remain nameless in this article, a debt relief program reduces the outstanding principal amount you owe to your creditors. Most can not decrease interest rates or change the length of a loan term, but some may. During debt relief, the company negotiates directly with creditors on behalf of their clients in an attempt to have the Creditor accept less than the full amount owed. This, in theory, enables the creditor to get paid sooner and the client to resolve the debt in two to five years, which is much faster than by making minimum payments. In addition, they are usually able to waive interest, while in the program.

Compare this to the relief under title 11 of the United States Code (the Bankruptcy Code). In a Chapter 7, all debt (excluding Tax and Domestic Support Obligations) are subject to discharge. In a Chapter 13, even some tax debt is able to be discharged. Any debt not paid in full in your Chapter 13 Plan is discharged in full. Timing is also very crucial. A Chapter 7 (if you qualify) is usually completed 6-7 months from the date you file. A Chapter 13 is usually 36 - 60 months. Interest on your unsecured debt (your credit cards) is frozen as of the date of the filing, whether in Chapter 7 or Chapter 13.

According to the Debt Relief Program, these are the upsides and downside of Debt Relief:

As was stated before, Bankruptcy is different, and in this author's opinion, more powerful. While you get the benefits of debt relief, listed above, you do not have all of the negatives. Once you file for bankruptcy, the provisions of 11 U.S.C. 362 (also known as the Automatic Stay) go into effect. Creditors are required to cease and desist from ANY and all collection attempts or practices. This means no more harassing calls, no more threatening letters, AND the Creditors are forbidden from instituting or continuing any and all legal proceedings to collect the debt WITHOUT permission from the Bankruptcy Court, and same is sparingly given, and your bankruptcy counsel must be given notice of the request and can oppose such a request. Unfortunately, it does go on your credit report, and remains there for 7 - 10 years. This is not as big an impact as many people believe, and below is a video about how long bankruptcy remains on your credit report. Or click here to watch it.

How long does debt relief take?

According to a Debt Relief Program Group, you can complete a debt relief program in 24 to 48 months, though the length of time it takes to complete a debt relief program can vary by debt relief company.

A Chapter 7 bankruptcy is 6-7 months and a Chapter 13 Bankruptcy Plan is usually no shorter than 36 months, and can be no longer than 60 months.

Types of debt that qualify for debt relief

Debt relief typically works with unsecured debt. "Unsecured" means the debt isn't tied to an asset, like a car or house. Most debt relief groups do not work with secured debt, which is a loan that is secured by a tangible asset.

This is very different from Chapter 7 or Chapter 13. In Chapter 7, as was previously discussed, all debt except for Tax Debt, Secured Debt and Domestic Support Obligation is forgiven. In terms of secured debt, chances are you will want to keep the Secured Debt items (your house or your car). In Chapter 7 Bankruptcy, you are able to Reaffirm the Debt, meaning you enter into an Agreement (filed with the Court) showing if you were relieved of the other debt, that you could continue to make your monthly payments. In a Chapter 13, you can actually "cure" any delinquent amounts on a secured debt, through your Chapter 13 Plan.

Take this simple hypothetical as an example...Jane Doe is a single mother and earns approximately $100,000 Gross. She is two (2) months behind on her Mortgage (total $4,000) and one (1) month behind on her financed vehicle ($350.00), and has $40,000 in credit card debt (four cards, each at $10,000). Her hypothetical Chapter 13 Payment to the Trustee is $400.00 per month for 60 months. That translates to a $24,000 plan. After paying the Chapter 13 Trustee her 10% (Standard Commission Rate), there would be $21,600 to pay her creditors. Secured Creditors get paid first pursuant to the Bankruptcy Code, so the Mortgage payments get caught up first, then her car bill, and then whatever is left, is paid to the general unsecured creditors (the credit cards) on a pro-rata basis. So again, hypothetically, after the car and the mortgage are caught up, the Trustee would disburse the balance of whatever is left. In this example, we have a $24,000 plan, less the Trustee's Commission ($2,400), less the Mortgage payment ($4,000) less the Car Payment ($350) leaves $17,250 for the general unsecured debt. So the Trustee would disburse the remaining funds ($17,250) to the different credit cards equally (about $4,312.50) to each card.) IF Jane successfully completes her Chapter 13 Plan, and is granted her discharge, the balance on each card that was not paid ($5,687.50) is discharged forever and the creditor can not seek to recoup those funds.

Debt relief fees

According to a Debt Relief Program Group, the fee amount can vary by client and is based on the amount of the debt the client enrolls in the program, as well as, the state in which they live. Across the debt relief industry, fees can range from 18 to 25 percent on the enrolled debt.

Bankruptcy is VERY different. First of all, ALL of your debt is included in the bankruptcy, you can not pick and choose which debts to put into bankruptcy. Whether you file a Chapter 7 or a Chapter 13, there is a filing fee. Chapter 7 is $335 and Chapter 13 is $310. Everyone who files for bankruptcy must take a Credit Counseling Course. Those usually range from $18.00 to $35.00. After that, it is your attorney fee, which you can discuss with your counsel. IF you are a Chapter 13, the monthly payment you make to your Trustee will also include his/her fee. In New Jersey, the Chapter 13 Trustee Fee is between 8 and 10%.

In a Chapter 13, there is a Chapter 13 Trustee who is appointed by the Department of Justice. He or She oversees all the Chapter 13 cases in her Vicinage (New Jersey has 3 Chapter 13 Trustees, Newark, Trenton and Camden.) Your Counsel will help you develop a Chapter 13 Plan which is submitted to the Court, the Chapter 13 Trustee and the Creditors. The Chapter 13 Trustee and the Creditors can each object to the Plan for a myriad of reasons, but for here and the sake of discussion, let's say there are no objections, so the Proposed Plan then becomes a Confirmed Plan. To pay for the Chapter 13 Program, the Federal Government has the Chapter 13 Trustee take a commission from every plan. The rate of Commission is a little different in each of the Federal Circuits, but in New Jersey it is about 10%. That Commission is based upon the entire amount to be paid into the Chapter 13 Plan, and is taken out monthly. So if your Chapter 13 Payment is $400 per month, the Trustee gets $40.00 of that per month. Also remember, you are no longer making ANY payments on your unsecured debt. This is a direct contrast to Debt Relief Programs, where you continue to make payments on the debt that you did not enroll.

Can I negotiate debt relief on my own?

According to a Debt Relief Program Group, and having tried to do this for clients, you certainly can pick up the phone, call your creditors, and try to negotiate settlements with them yourself. I strongly urge you not to take this route. Most of the creditors want a large single lump sum payment, or two large payments (the second they will automatically deduct from your account).

In bankruptcy, you do not do this. As has been stated several times, in a Chapter 7, all your debt, except as indicated previously, is discharged. In a Chapter 13, a Creditor MUST file a Proof of Claim to get paid, and they get paid according to the confirmed Chapter 13 Plan. Any portion of the bill that is not paid, if you complete your Chapter 13, is discharged and forgiven forever.

Debt relief credit impact

According to a Debt Relief Program Group, depending on your credit health, enrolling in a debt relief program that involves debt settlement could hurt your credit in the short term. This is due to the fact that a debt settlement program involves stopping payments on accounts while settlements are negotiated with creditors. Missed payments are a strike against you when credit monitoring agencies calculate your credit score. The Debt Relief Program will also tell you that its effect on your credit score is less than if you file for bankruptcy. I highly disagree

When you file for bankruptcy, whether it is Chapter 7 or Chapter 13, it is noted on your credit report. It is on your credit report for 7 - 10 years. The fact is, if you are filing for bankruptcy, chances are that you're behind in your payments. It could be 2 months or it could be 6 months or a year, but the fact of the matter is that the creditors have been putting delinquencies on your report. Bankruptcy stops them from doing that. All the time that you or the debt relief program is "negotiating", the creditors continue to mark your delinquent. As was stated above, the automatic stay prevents the creditors from taking that action. Further, according to many of the credit reporting agencies, the bankruptcy demarcation actually helps because it shows a definitive action by the person who owes the money and within a year, the impact lessens.

Does debt relief get rid of all my debt?

Unlike bankruptcy, a Debt Relief Program can only help with unsecured debts. These are debts that have no collateral securing them. Examples are credit card debt, personal loan debt, medical debt, and some business debt. Debt Relief Programs can not help you with a mortgage, auto loans, or any other type of collateralized debt you may have.

Bankruptcy does and can help with all types of debt.

Will my creditors take legal action if I choose debt relief?

Debt Relief Programs acknowledge that it can be months between the time when you stop paying creditors and the time when they begin negotiating with the creditors. During this time, creditors may call you, may sell your debts to a debt collector, or even take legal action.

Once you file for bankruptcy, the provisions of 11 U.S.C. §362 (also known as the Automatic Stay) go into effect. Creditors are required to cease and desist from ANY and all collection attempts or practices. This means no more harassing calls, no more threatening letters, AND the Creditors are forbidden from instituting or continuing any and all legal proceedings to collect the debt WITHOUT permission from the Bankruptcy Court

If you want to discuss your specific situation, feel free to contact the Law Office of Stuart M. Nachbar, at (973) 233-4049, or email via our website www.snanj.com. We are now handling initial matters (consults) via Zoom Media, RingCentral or just via the phone if you are more comfortable in that setting. We have the ability to send out our client question sheets and credit counseling via email. We offer a free no-cost consultation to every person who mentions this advertisement, and we are conveniently located at 354 Eisenhower Parkway, Suite 2025 in Livingston, New Jersey. We handle Chapter 7 and Chapter 13 cases for all of Northern and Central New Jersey.

Holiday Tips for Families with Special Needs Children

Tue, 07 Jan 2025 18:28:38 GMT

As all parents know, kids can add an aspect of difficulty to just about anything. And when you have a child with special needs , everyday situations can become especially challenging. Add the disruption of holiday plans, family gatherings, and travel into the mix and things can get more complicated than ever! If you’re a parent who is dreading the holiday season for these reasons, keep reading! We’ve gathered tips from experts on how to make the holiday season enjoyable for you, your special needs child, and your entire family!

Be Brave! As a parent with a special needs child, you might be afraid to try something “complicated” like traveling for the holidays, but it might not be as complicated as you imagine! Try branching out this season if you think it would benefit your family. Even family trips don’t have to be as stressful as you might imagine, says My Family Travels .
Plan Ahead! Whether you’re planning a trip or just planning a family gathering, planning ahead can help minimize stress for everyone involved. Planning ahead can help ensure that both you and your child have what’s necessary to avoid stress or anxiety.
Don’t Overwhelm Your Child. Figure out the hours of the day when your child will be the most rested, relaxed, and engaged, and plan holiday meals, gift exchanges, and gatherings around those times.
Scale Down. This advice can be helpful to almost any aspect of holiday planning and festivities with special needs children. Don’t feel pressured to do anything just because it’s what other families are doing, or even if it used to be part of your tradition as a child. Do what works – in the time frame, quantity, and energy level that works for your child. For example, there’s no need to attend the full performance of The Nutcracker Ballet. Watch a video at home, or research some shorter, special needs-friendly performances in the area. Similarly, if your child wants to go shopping to buy presents for friends and family, try shopping in small doses – maybe just looking for one or two gifts at a time, or try online shopping from the comfort of home.
Brief Friends and Family Ahead of Time and Ask for Their Understanding. Don’t be afraid to explain your child’s needs and comfort zones to holiday guests. Let them know what your child can handle and what might be overstimulating. Ask for understanding and let them know that some activities might need to be cut short or adapted. Don’t worry if friends and family don’t understand – just move forward in a way that’s best for your family.
When Traveling, Call Ahead to Ensure Accessibility. If you decide to travel for the holidays, make sure to ask if your planned lodging, entertainment, dining, and transportation locations offer the accessibility your child needs. If accessibility isn’t an option, don’t be afraid to provide feedback and then look for other options.
Avoid Crowds and Overstimulation. There are lots of ways to avoid crowds and overstimulating situations while still enjoying the festivity. For example, pack cookies for a car excursion to find the best decorations instead of walking through busy malls or markets to see the sights. Try visiting holiday displays on off-hours, and even invite Santa for a private visit rather than the potentially overwhelming experience of visiting Santa at the mall. Research “sensory-friendly” experiences in the area that your child might enjoy.
Plan Fun Holiday Activities at Home. Make your child feel both comfortable and important by planning activities they can participate in and enjoy at home. Baking cookies, making decorations, building gingerbread houses, watching age-appropriate holiday movies, and holiday sing-alongs are all great places to start!
Don’t Be Afraid to Walk Away . As Very Well Family reminds us, some friends and family are great with understanding your life with a special needs child, and others are not. It’s okay to walk away from situations where you feel pressure, judgment, criticism, or unnecessary stress.
Take It Easy. Remember that the holidays aren’t a contest. It’s not about doing it best or better. It’s about making memories and connecting with loved ones. When making plans, and deciding where to cut back, revisit your priorities.

As a law office dedicated to special needs law, we care about your entire family’s well-being. If you ever feel that your special needs child is being treated unfairly or unjustly in regards to their rights under special needs law , don’t hesitate to get compassionate legal assistance. Call 973-834-8058 or send a message online . We serve clients in Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona.

How Can An Attorney Help Your Special Needs Education Case

Tue, 07 Jan 2025 18:23:07 GMT

Do you have a special needs child? Are you concerned about them getting the education experience and opportunities that they deserve? Fortunately, special needs law protects the rights your child has to fair and equal education. There are five main laws that protect special needs education: the Education for All Handicapped Children Act , the Individuals with Disabilities Education Act , No Child Left Behind , Individualized Education Programs , and Students with Disabilities and Postsecondary School.

Unfortunately, even with these laws in place, many parents still face difficulty in securing the educational experience that their special needs children need and deserve.

When Should You Get Legal Help?

The process of special needs education is designed for you and the school district to collaborate in developing an appropriate plan and services to help your child without the need for lawyers or court systems. However, Special Education Guide explains that while special needs law attempts to keep the special education process “non-adversarial,” school districts often push back and create barriers. Schools tend to push back when they are asked to do more than just provide the “cookie cutter” approach to special needs education. But as many parents know, special needs education is not “one size fits all.” Unfortunately, school districts sometimes disregard both the law and the needs of their students because they assume that most parents don’t know special education laws or the rights of their children.

If your child’s school district decides to fight back, it’s time at the very least to have a consultation with a special education lawyer, says Special Education Guide .

How Exactly Can an Attorney Help?

Maybe you feel it’s time for some legal assistance in fighting for your child’s education, but what exactly will that look like? How can an attorney help fight for your child’s rights? Keep reading for some specific ways that an experienced attorney can help with your special needs case.

Providing legal knowledge and experience. Special needs cases can be complex and nuanced. While some cases might lend themselves to self-representation, the more complicated your case is, the more likely it is that you could benefit from some legal assistance. Nolo suggests that, for example, a dispute involving complicated placement and service issues, might require the specialized knowledge and experience of an attorney .
Ensuring that you have a fair chance at justice. Whether or not your school district has an attorney can be a determining factor in deciding to hire your own. If the school district has an attorney, it’s in your best interest to secure the same protection and leverage for your side of the case.
Securing your child’s school files
Requesting an evaluation or an IEP meeting
Preparing for the IEP eligibility meeting
Preparing for the IEP program meeting. This includes drafting parts of the IEP for you and suggesting what material will be most effective.
Attending an IEP meeting
Reviewing evaluations and IEP forms , before you sign them
Identifying specific legal issues that apply to your situation
Helping you informally resolve a dispute with the school district
Assessing the strength of your case. If you’re considering filing a complaint or lawsuit, you might want an attorney to evaluate the viability of your case first. An attorney experienced in special needs law like Stuart M. Nachbar, Esq. can help you decide if your case is strong enough to invest your resources in, and then provide insight that can increase your chances of winning your case.
Preparing for and attending hearings
Writing post-hearing briefs
Preparing a complaint for you to file with the appropriate educational agency
Representing you in court
Saving you time and energy. If you work full time, are a single parent, or have a difficult schedule, you may want someone else to take charge and free your mind of the effort your case will likely require.

In general, families use attorneys to help with their special needs cases in one of two different ways. One path is to hire an attorney to provide advice and assistance as needed throughout the individualized education program (IEP) process while you do most of the work. The other path is to have your attorney be directly involved in every detail of your case as your formal representative. You may choose to have an attorney do everything from beginning to end in your special needs case or IEP process, or you may have an attorney only handle certain tasks. Whichever path you choose, Law Office of Stuart M. Nachbar is here for you and your family! Call 973-834-8058 or send a message online .

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

Questions to Ask Before You Close That Credit Card

Tue, 07 Jan 2025 17:22:18 GMT

Before you sign up, or decide to cancel a card, take a minute to think about the long-term financial plans you may have and how cancelling a card later might impact your credit score.

According to a 2019 Bankrate survey, 61% of American credit cardholders said they had cancelled at least one credit card, but just 42% knew that doing so typically hurts one's credit score.

1. Is the credit limit on this card helping my credit utilization ratio?

Your credit utilization ratio (CUR) is an important factor when determining your overall credit score. It's calculated by taking the amount of credit you use and dividing it by the amount of credit you have available across all your cards. In general, experts recommend using 30% or less of the total credit you have available across all cards at any given time. So, if you have a $12,000 credit limit, you shouldn't spend more than $4,000 at a time.

"By closing a credit card account, the consumer is taking some of their available credit off the table." says Tommy Lee, a principal scientist at FICO. If your spending doesn't change, but you have less credit available, your credit score could take a hit because you're utilizing more of your available credit.

2. When did I activate the credit card I'm considering closing?

Your credit history is another big piece of your credit score. It's the average amount of time that all of your credit cards have been active. In the eyes of lenders, a longer credit history is generally better because it proves financial responsibility overtime. That's one reason experts advise against closing credit cards, especially older ones, since doing so could shorten your average credit History.

Credit expert John Ulzheimer, formerly of FICO and Equifax, argues this line of thinking is a myth because your credit history is not immediately impacted when you close a credit card. It's the policy of the credit bureaus to leave any closed cards on your credit report for 10 years following termination. So long as they show up on the report, they are calculated into your average credit history age.

Even with the 10-year grace period, Ulzheimer says he would never recommend you close your oldest card because you always want the value of its age on your credit report.

3. Is having access to high credit card limits tempting me to overspend?

Credit cards with generous spending limits can serve up some serious temptation to overspend. Before you cancel a credit card, consider this other way to manage how you're using the card.

Take it out of your wallet and remove it from any and all Apps. Save it for that rainy day, and for most people, out of site is out of mind.

Is the card I'm considering closing a store credit card?

First of all, Store Cards are great when you open them, but that is it. They usually have APR's and very tight late charges. Studies have shown that shoppers with store cards end up spending more at the store than they would if they did not have the store card.

My advice, as a bankruptcy attorney, unless you are making a major purchase (new appliances, new flooring, etc) don't open it. If you have it, pay it off and close it. If you are doing a major purchase and are getting it interest free, make sure you pay it off before the promotion rate ends. Many stores will allow you to extend that time, if you call at the beginning of the purchase. Once it is done and paid off (while saving the interest), close it out.

How many is too many?

While there’s no set number of how many credit cards is too many, it’s less about the number of cards you have and more about how you manage them. Be frugal, and pay on time, and if possible, pay the entire balance. This will increase your score, and save you interest.

At the Law Office of Stuart M. Nachbar we want to help you get out of the financial hole, and help you get the fresh start that you need. For all your bankruptcy needs, call 973-834-8058 .

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

Why Is It A Bad Idea to Rush Into Declaring Bankruptcy

Tue, 07 Jan 2025 17:17:14 GMT

Knowing that bankruptcy might be on the horizon makes many people want to rush into making it official. When you’re desperate, having debts canceled seems like the preferred way out. And you’re not alone! Many people struggle with financial issues. LegalZoom identifies the top reasons that people file for bankruptcy as: unemployment, large medical expenses, seriously overextended credit, and marital problems. Bankruptcy might seem like a relief, and often well-directed bankruptcy can give people a “second chance” with the help of an experienced legal professional . But rushing into bankruptcy can turn out to be an unwise and detrimental option. Why is patience often a virtue when declaring bankruptcy? Let’s look at a few reasons why moving too quickly in a bankruptcy case can negatively impact your future.

Timing is critical
According to Nolo , you can only file for chapter 7 bankruptcy once every eight years, or six years after a Chapter 13 bankruptcy filing. If you file at the wrong time, it will be awhile before you have another chance to correct your mistake. Timing is best left up to bankruptcy experts who have dealt with cases like yours before.
There might be worse financial problems down the road
For example, if you are undergoing expensive medical treatments that you worry about being able to pay for, you don’t want to file for bankruptcy right as the biggest bill is about to hit your account. Legal professionals can help advise you when to declare bankruptcy so that the worst of your debt is canceled before increasing.
You want to consider all of your bankruptcy options
There are several types of bankruptcy available to individuals and each type has different implications, varying results, and can impact your future differently. You want to make sure you choose the option best for you.
Bankruptcy can easily backfire on you!
If you don’t think it through, the effects of bankruptcy can come back to bite you in unexpected ways. A bankruptcy lawyer can talk you through all the possible outcomes of your case, what to expect, and what to consider before you file.
Each Case is Different!
Each situation is unique, which means that someone else’s bankruptcy choice or timeline doesn’t necessarily work for you. Of course, this can also imply a benefit to file quickly. Sometimes it is in your best interest to file for bankruptcy sooner rather than later. For example, many people make the mistake of draining retirement funds before declaring bankruptcy – leaving them with even less than if they had declared sooner. Everyone’s experience is different, that’s why it’s important to talk with an experienced bankruptcy lawyer to see how to move toward your best possible future. The Law Office of Stuart M. Nachbar can provide consultation on your possible and preferred outcomes – no matter how complex your case is! Give us a call at 973-834-8058 or contact us online today!

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

Back to School Tips for Parents of Special Needs Children

Tue, 07 Jan 2025 17:11:59 GMT

While there’s still plenty of time for celebrating summer, the new school year is just around the corner! Avoiding stress in the back-to-school season can be difficult for any parent, but the stress can easily increase when you have children with special needs . As a law office dedicated to the wellbeing of families with special needs children, we’ve compiled some tips suggested by experts on making this the best back-to-school yet!

Organize! Organize!
Paperwork tends to get out of control. But keeping documents, lists, and information organized will not only help you as a parent avoid unnecessary stress, but can also influence how your child feels about this upcoming school year. Organization helps bring an atmosphere of clear expectations, stability, and consistency.
Review Your Child’s Current IEP.
Your child’s Individualized Education Plan is the cornerstone of your child’s educational, notes LD Online . A clear understanding of your child’s IEP can help ensure that their upcoming school program will be meeting their needs as much as possible. Check the date when the IEP expires and if your child qualifies for reevaluation this year. Above all, consider whether the IEP still fits your child’s needs. If in doubt, inquire with the school about an IEP review meeting.
Take Steps to Relieve Anxiety.
Going back to school can lead to anticipation, questions, and anxiety for your child. Just talking through what to expect in the upcoming year can help calm a lot of back-to-school anxiety or “jitters.” LD Online suggests taking time with your child to discuss the exciting classes, activities, and events that the new school year will hold, and the opportunities they have to participate, learn, grow, have fun, and make friends. If your child is attending a new school this year, schedule a visit before school starts if possible. Special Needs Alliance suggests going with your child to locate new classrooms, as well as the library, cafeteria, gym and restrooms before the first day of school. It might also be a good idea to practice opening your child’s locker with your child, and to go together to meet the school staff and the therapy team, according to Special Needs Alliance .
Find a Routine and Stick To It!
Routines can reduce anxiety and stress and help your child manage expectations on a daily basis. Make sure to discuss with your child the changes that might change from past routines, and what your child can expect every day. You might find it helpful to start implementing your child’s new routine well before the school year even starts, as a way for your child to practice the new routine and get comfortable with it, and get answers to questions ahead of time.
Purchase Appropriate Supplies.
Back-to-school advertisements usually feature clothes and fun backpacks, but your special needs child might need some additional supplies for a successful and stress-free school year. Special Needs Alliance recommends focusing on items that will help your child stay organized. Talk to therapists about the best type of school supplies for your child – such as certain types of pencils – and make sure you pick these items up before classes start, including extras for use at home. Be willing to get insight from experts and think outside the box: some children do better with keys versus combination locks for their locker, and bean bag seat cushions work well for some children who have trouble sitting still.
Don’t Be Afraid to Ask for Help or Push Back.
It's okay if you feel overwhelmed about the upcoming school year. Ask your school for resources and assistance. Talk to teachers about a successful school-home education partnership. Let teachers and school staff know that you’re on their side and willing to work with them. Advocate for a successful school year and see cooperative, caring teachers and school staff as your support system. And don’t be afraid to push back when you feel that your child isn’t getting the support that they need and deserve. Many families struggle with injustices when it comes to securing the special needs education that’s best for their child.
Understand Your Child’s Rights!
Your child’s rights to equal education opportunities are protected by law. If you feel that you child isn’t getting the education they need, or if your child is facing discrimination in any way, it’s time for a change! Stuart M. Nachbar, Esq. is New Jersey’s caring, compassion, and highly qualified attorney for special needs law . Call 973-834-8058 or send a message online .

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

Bankruptcy Can Hit at the Most Unexpected Times

Tue, 07 Jan 2025 17:05:36 GMT

Do you think you’re the type of person who will never have to file for bankruptcy? Following financial wisdom and smart financial habits is a great practice, but it doesn’t necessarily erase your chances of going bankrupt.

USA Today recently published an interesting story that highlights just how fast bankruptcy can sneak up on even well-intentioned individuals. The story depicts a middle-aged couple who decided to buy an abandoned elementary school to be their home and business space. They bought the huge property for just $189,000 – a price lower than the cost of most small homes. And even after the purchase, they still had a decent savings account leftover. But then the unexpected bills started to hit. City codes that were previously unknown to the couple demanded repairs and installations that cost thousands of dollars – expenses that the couple hadn’t planned on. And then maybe the most devastating part happened: they got their first heating bill and it was a staggering $33,000! This set the couple into a grim future of dealing with the consequences of bankruptcy, including giving up ownership of the schoolhouse property they once had high hopes for. In addition, they now live under a constantly leaking roof because they don’t have money for repair costs.

This story just shows how bankruptcy can come to even the least suspecting people. The couple in the story believed they were making a smart financial decision. They were fairly well-off middle-class people. They were living modestly. They had savings. They had a plan. Most people think of bankruptcy as an unfortunate result of spending money unwisely, using credit cards for wild shopping sprees, or avoiding making payments that have been building up for a long time. But unfortunately, even the financially-conscious can fall prey to bankruptcy sometimes.

If you or a loved one is facing the overwhelming and stressful clutches of bankruptcy, or you think you might be on the verge of needing to declare bankruptcy, remember that you don’t have to fight this battle alone. An experienced bankruptcy lawyer like Stuart M. Nachbar, Esq. can help you understand all the options available to you in your unique situation and can help you navigate the road ahead with your best possible outcome in mind.

Remember that rash decisions are never the best. Even if you feel that bankruptcy is your only hope, you can benefit from legal counsel in knowing exactly when to file and which type of bankruptcy to choose. The Balance states that “as with any legal process, those contemplating filing for bankruptcy should consider the possible positive and negative consequences before taking the plunge.”

The Law Office of Stuart M. Nachbar has been fighting for justice in cases like yours for 20 years now. If you’re facing the complicated and overwhelming aspects of bankruptcy, don’t hesitate to put Stuart M. Nachbar’s legal knowledge to the test! Give us a call at 973-834-8058 or contact us online today !

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.LOREM IPSUM

Brochure

Tue, 07 Jan 2025 17:02:55 GMT

Advocating and Assisting Families with Special Needs

No one knows a child better than that child's parents or the day to day caregiver.

Do you feel that your school district is not taking your opinion into account?

Do you want someone to listen to you and someone who will fight to help you achieve your goals for your child?

Your Opinion Matters

You as the parent have the right and opportunity to participate and have your thoughts and beliefs heard and taken seriously. An IEP is supposed to be a collaborative effort between the school district, the teachers, the therapists and THE PARENTS.

If you do not agree with the School District, do you know your rights?

Did you know that you can go to arbitration and/or mediation?

Did you know that the school district must be responsive and give you documentation that they are relying upon prior to any Arbitration or Mediation sessions?

Did you know that you are permitted to have a therapist with you, or any person of your choosing at the IEP meeting, the mediation, and if needed in Court?

Did you know that if you have to file suit before the Office of Administrative Law, and win, the school district has to reimburse your legal costs?

Will the Repeal of No Child Left Behind Effect Your Child with Special Needs?

During the past fifty-eight years, since the landmark decision of Brown vs. Board of Education, the concept of equal education has been in the forefront of the American People. Since that decision, the Federal Government has enacted legislation such as the Elementary and Secondary Education Act of 1965, Public Law 94-142, Individuals with Disabilities Education Improvement Act of 2004, a Child's Right to a Free, Appropriate Public Education and of course, No Child Left behind. Even though New Jersey has recently been exempted from No Child Left Behind, what do each of these programs mean for you, or for your family?

How do help my child prepare for the future?

Are you prepared for when your child turns 18 or 21?

How do you help your child transition into the next stage of their life?

Who will be making the decisions for your child?

At the Law Office of Stuart M. Nachbar, we can assist you in becoming your child's Guardian in the eyes of the law, so you can be the one to assist and protect your child and their future.

Debt, Inflation, and How Bankruptcy May Help

Tue, 07 Jan 2025 17:01:33 GMT

Recently, it was reported that Americans added over a trillion dollars in debt during 2021. To put that into perspective, that is a little more than $2,750 for every person in the country. This is the largest amount recorded in 14 years. The higher borrowing is being fueled in part by rising prices as consumers cope with the strongest inflation seen in nearly four decades.

For some, the rise in the cost of basic items such as food and gas, coupled with historic increases in rent, is causing enormous pressure on the family budget. Though some are able to absorb these costs, many cannot and are having a hard time keeping up with their debt payments. Our Firm has the experience to help guide those struggling at this time. Taking on additional debt is often necessary for many households. It comes with unique financial risks, such as the risk of losing a source of income due to unemployment or an extended medical issue while still needing to repay that debt.

Debt has increased in all forms during the pandemic, leaving many households in a financially precarious situation.

There are many options, but using the protection of bankruptcy continues to provide the most efficient and cost effective way to control and end debt. Bankruptcy immediately stops harassing creditor collection calls and provides protection of assets. Properly used, bankruptcy can be a stepping stone to a better financial future and a fresh start.

The Law Office of Stuart M. Nachbar, P.C. has helped numerous individuals and married couples recover from the debt deluge throughout New Jersey. We offer free consultations to anyone looking to help create a new financial future for themselves and start a life debt-free. If you have any questions about the process whatsoever, don’t hesitate to give us a call at 973-834-8058 .

10 Tips for Changing Schools With A Special Needs Child

Tue, 07 Jan 2025 17:00:31 GMT

Transitions can be difficult for everyone. Transitioning to a new school can be especially anxiety-provoking for a child with special needs . We’ve gathered ten tips from expert sources such as the National Parent Teacher Association to help you think through and prepare for a smooth and healthy education transition with your special needs child.

Visit the school site with your child. Point out bathrooms, the cafeteria, office, playground, etc. Consider printed maps with time schedules for older children. Talk to your child about exciting new classes, activities and events he or she can participate in.
Help your child connect with schoolmates. Ask if your child’s school has a buddy system or if students in school leadership are available to help as mentors or guides.
Review Individual Education Program (IEP) goals. Ensure the goals are still relevant and note the date of the annual review. Remember, you can request an IEP review anytime. And be sure to discuss assessment accommodations for your child.
Connect with teachers. Write a brief introduction about your child (including a photo) with his or her likes and dislikes, social/emotional set-offs, motivators, methods of communication, pertinent medical information and any other important information. The more proactive and honest you are, the better teachers and school staff will be able to meet your child’s needs.
Help plan an ability-awareness training. If your child is in a general education class, consider helping to plan an ability-awareness training with the class. Make sure to get buy-in from your child first. Write a story for the other kids so they can understand what makes him or her unique, and things that may be difficult for your child.
Keep paperwork organized. Create a family calendar of school events, special education meetings, conferences, etc.
Continue learning. Stay up-to-date on special education news and legislation, so you can advocate for your child, and all children.
Create a communication log. This will help ensure that you and the school staff are on the same page. Be sure to note the dates, times and nature of the communications you have.
Attend school events when possible. School events such as back-to-school night and parent-teacher conferences offer a great opportunity to meet staff and other students and families.
Offer to help, either in the classroom or at PTA-sponsored events

Remember that communication is key through the entire process. “The more information you can give a child,” Child Mind Institute says, “the more in control he or she will feel of the situation. Letting them get comfortable and helping them to imagine variations, and what to do if something doesn’t go as planned, is important.”

There’s a lot you can do to work with your child to prepare them for a transition or to keep them emotionally healthy during the school year. Unfortunately, that doesn’t rule out the possibility that your family will encounter legal hurdles as you seek what’s best for your child. Finding the right special needs education solution can be tricky, especially when you face opposition from the school system. If you need support in defending your child’s legal rights in New Jersey, special needs law attorney and advocate Law Office of Stuart M. Nachbar is here for you! Give us a call or contact us online today!

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

8 Tips for Avoiding Personal Bankruptcy

Tue, 07 Jan 2025 16:56:02 GMT

Bankruptcy and debt are emotionally charged issues. This article is in no way an attempt to shame anyone. It’s also not a guarantee that avoiding bankruptcy is always easy. Bankruptcy can happen to anyone! And in some situations, declaring bankruptcy is not only inevitable but also potentially the best option for moving forward and improving your life.

On the other hand, sometimes bankruptcy can be avoided! So, if you’re at a stage where you feel like your finances are out of control or you fear that bankruptcy is looming in your future, don’t give up! Take advantage of these 8 tips. Whether you discover that you can work hard and strategize to avoid bankruptcy or whether you realize that bankruptcy is the best way forward, remember that you do have the power to turn your life around for the better.

Start Using a Written Budget. Whether you use pen and paper, a spreadsheet, or a free software, the important thing is that you use it. A quick online search will lead to an abundance of free advice and tips for building a budget.

Identify Your Financial Pressure Points. Where are most of your expenses going? What items can you let go? What expenses can you adjust? For example, you can sell items or cancel subscriptions. You might not be able to sell or cancel a critical medical treatment, but you might be able to switch insurance companies to get a better rate or switch to a doctor who charges less.

Sell What You Can. First, sell whatever is causing your financial pressure points. You can’t sell medical expenses but you can sell a car. You can use public transportation or arrange rides with coworkers, family, and friends while you take control of your finances. You can downsize your home. You can rent out your extra bedroom. On a smaller scale, you can sell assets that you have – even the ones that aren’t causing you financial pressure. You’d be surprised how much you can make selling things like furniture, collection items, jewelry, appliances, decor pieces, or electronics. You can often get more than you expected by selling on sites such as Craigslist or OfferUp. If they’re not selling there, try a good old fashioned yard sale. Living without extra stuff for a while, even stuff you thought you relied on, is a small price to pay to get financial freedom.
Decrease Expenses. Be ruthless and be creative! Do your research online at sites like The Balance for advice on cutting everyday costs. Get started by cutting out memberships and subscriptions. Cook instead of eating out. Put a hold on beauty services. Shop sales when buying groceries and only buy essentials.
Consider Cutting Up Credit Cards. Credit cards not only encourage debt, but many credit cards also have yearly fees which just add to your expenses. When you miss credit card payments or are unable to pay minimums, interest rates can skyrocket and increase your debt even more. YouNeedABudget.com and the majority of other financial experts advise against using credit cards until you are totally out of debt, and many experts suggest not using them at all.
Increase Your Income. Does this sound obvious? You’d be surprised how many people neglect this point. When you’re struggling with debt, it’s not the time to be prideful about your work or hold out for your dream job or avoid work that seems beneath you. This is the time to be creative and resourceful. Pick up temporary work wherever you can. Try adding a shift at your current job. Try adding a second job in the evenings or on weekends. Think about what skills you have to offer and what jobs need doing. You can try giving private lessons or tutoring sessions, driving for Uber, adding a night shift at a restaurant, mowing lawns for your neighborhood, cleaning houses, nannying…the possibilities are endless.
Don’t Fall for Consolidation. YouNeedABudget recommends that consolidation usually doesn’t help in the long run. Many consolidation companies are looking to take advantage of people who feel stressed about debt. Before going into more debt to pay for existing debt, use the above tips!
Stay Calm. Remember that debt and financial stress can happen to anyone! You are not alone. You can turn your financial life around!

Do you have questions about your bankruptcy options? For over 20 years, Law Office of Stuart M. Nachbar has been helping individuals and businesses in New Jersey understand the pros and cons of bankruptcy for each unique situation. Call or send a message online .

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon. Bergen, Hudson and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, and Verona and more.

Foreclosure

Mon, 23 Dec 2024 16:10:41 GMT

If you purchase a home with a mortgage and have been having a difficult time making the monthly payments, your mortgage lender will repossess the home. You may also face foreclosure if you have failed to pay your property taxes or the fees associated with your homeowner's association.

What Happens During a New Jersey Foreclosure?

Through a foreclosure, your mortgage lender may take the property from you and sell it in an attempt to recover the money it lost when you defaulted. This is a legal procedure because the house is the guarantee for the loan. When you sign the mortgage documents it is clearly spelled out that you recognize that the lender has the right to foreclose on the home should you default on the mortgage.

When you initially buy the house, the lender makes a thorough investigation into your finances, checking your income, reviewing your credit history, and determining the right amount to lend you. However, circumstances change when one least expects them to and even the most financially savvy homebuyer may find themselves facing foreclosure.

The most common circumstances that may result in a homeowner being unable to pay off their mortgage are:

Change in household income due to a death in the family or a divorce
Medical emergencies
Being laid off, quitting, or losing a job
Having to relocate before being able to sell the home
Being hit by a natural disaster
Taking on excessive debt

A Foreclosure Defense Attorney Can Help You

Hiring a foreclosure attorney in NJ can be your best option if you want to stay in the home and avoid foreclosure. Getting in touch with the Law Office of Stuart M. Nachbar as early in the process as possible may make all the difference. He will negotiate with your lender to allow you to stay on or if things have already progressed legally, he will be by your side when it comes to fighting the foreclosure in court. If you wait too long to reach out to a foreclosure defense attorney it may be impossible to stop the foreclosure process and its consequences.

FAQ:

Reaffirmation Agreement

Mon, 23 Dec 2024 16:05:25 GMT

In bankruptcy law, a reaffirmation agreement refers to a document that describes the agreement made between the debtor and a creditor. Through it, the debtor waives discharge of the debt that would otherwise have been discharged through the ongoing bankruptcy proceedings.

How Would a Reaffirmation Agreement Work?

Let us say you are going through bankruptcy. Before the bankruptcy is discharged, you may decide that you do not want to lose certain assets. As an example, you may need your car to go about your daily life. Maybe you need it to go to job interviews if you have lost your job. You want to be able to have a conversation with the financing agency that holds your car loan and enter into a reaffirmation agreement with them. Before signing this document, you should know, in the first place, that reaffirmation agreements are not required by law. And secondly, you must have thought long and hard about these payments and concluded that it would be possible for you to make them every month. As well, you must approach your creditor and they are agreeable to this idea.

So, Reaffirmation Agreements Are Strictly Voluntary?

They are. And if you wish to reaffirm or agree to pay back anyone's debt, you must enter into an agreement to do so with your creditor. This would obligate you to pay either the entirety or a portion of the debt in question. You agree to this even though this debt might have been fully wiped out by the bankruptcy.

Both parties must complete the form in which it is spelled out what this debt is all about, what the value of the collateral is, and why you chose to go this route. Then, both parties must sign the agreement.

If you are not represented by a reaffirmation agreement lawyer, the reaffirmation will be set for a hearing and you will receive a notice in writing as to the hearing's date and time.

Is a Reaffirmation Agreement Recognized by All Lenders?

It is not. And, since this is the case, you must determine your particular lender's stance on this matter before going further with this option.

What Happens when The Reaffirmation Agreement Is Not Followed Through?

If you have signed a reaffirmation agreement with your lender, promising to make agreed-upon payments, and you fail to do so, the debt remains owed as though no bankruptcy had taken place. The creditor can thus take any actions needed to collect the debt.

Does the Court Need to Approve the Reaffirmation Agreement?

The Court does in certain circumstances. In New Jersey, the Court rarely entertains agreements that apply to debt secured by real estate. It also does not approve agreements signed between debtors and credit unions. These are filed and become part of the record but do not get a hearing. The Court will review other agreements, especially car loans. Also, the Court will review the reaffirmation agreement for any "undue hardship" (meaning that the debtor may not have sufficient funds for the monthly payment) but that can be avoided by experienced counsel.

Is It Possible to Cancel the Reaffirmation Agreement?

This agreement may be canceled at any point as long as it happens before the entry of your bankruptcy discharge or within 60 days after it is filed with the Court, whichever happens later. To rescind it, you must mail a written notice to your creditor in which you inform them of your intention to withdraw from the agreement. Get the legal advice of a New Jersey bankruptcy lawyer who can guide you as to how it must be worded, what it must include, and what form must be used.

Get Legal Help with Your Reaffirmation Agreement

A New Jersey bankruptcy attorney from the Law Office of Stuart M. Nachbar is ready to give you the legal guidance you require at this time. Make an appointment today to set up your initial consultation and explain your case. We serve clients throughout the following counties: Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon, Bergen, Hudson, and Middlesex. We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, Verona, and more.

Family Law Debt

Mon, 23 Dec 2024 16:03:10 GMT

When you are getting a divorce, you want to make sure all aspects of your children's lives have been considered. Where and with whom they will live, where they will attend school, who will provide their medical care, and all decisions that will have a bearing on their lives. However, the financial matters surrounding divorce are just as important and merit all of your attention and understanding. Otherwise, your job, your career, and even your retirement can be put in jeopardy.

Throughout a marriage, couples tend to accumulate both assets and debts. They may purchase a house and acquire a mortgage, they may buy one or two cars and get their respective leases or loans, or they may have bought many things and accumulated vast amounts of credit card debt. On top of that, you may have entered into the marriage with debt you acquired previously, such as student loans and others.

How Does the Division of Assets and Debts Work in New Jersey?

Even though you and your spouse own a home, you may be behind on your mortgage payments. That may also be the case with your car loans. That is why it is so important to get the legal advice of a family law debt attorney to make sure assets and debts are divided fairly and equitably.

What Does "Equitably" Mean in This Case?

When it comes to divorce, the term equitable is used to mean a fair division of assets and debts. It is not just a matter of dividing everything fifty-fifty. To achieve an equitable distribution, the financial future of each spouse after the termination of the marriage is considered. Of course, it is easy to imagine that many of the factors that the courts take into consideration may end up being quite subjective. Once again, working with an experienced family law debt lawyer is crucial here.

Some Assets May Be Off the Table

A prenuptial or postnuptial agreement means that some assets such as family heirlooms, real estate, jewelry, inherited trusts, and other items may not be up for distribution. Items acquired during the marriage will be equitably divided among the soon-to-be ex-spouses.

What Are the Most Common Assets that Are Equitably Divided?

Besides real estate, which may include the marital home but also vacation homes, and investment properties, these are the assets that most commonly get divided:

Vehicles, including cars, boats, campers, or motorcycles
Investments such as stocks and bonds, mutual funds , and others
Retirement accounts including pensions
If there is a business, whether one or both of the spouses worked there, its assets will also be divided

Dividing the Debt Can Get Complicated

Many couples admit that the debt they have accumulated is one of the reasons that lead to their divorce. And in some cases, that debt is the fault of one of the spouses who may have, for example, a gambling addiction. But in many cases, even though one spouse used the credit card more, it could have been to buy food for the family, so the debt belongs to both. Also, the way this debt is divided may have an impact on alimony or child support payments. Do not try to understand all family law debt on your own. Make sure to have a family law debt attorney by your side to ensure the best outcome for you.

Set up your initial consultation at the Law Office of Stuart M. Nachbar to review your assets and debts and get advice on how to proceed.

We serve clients throughout the following counties: Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon, Bergen, Hudson, and Middlesex. We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, Verona, and more.

Business and Consumer Debt Differences

Mon, 23 Dec 2024 15:58:13 GMT

As a consumer facing bankruptcy proceedings, you most likely have two types of debt: consumer and business debts. Before filing it's important to know the difference between them and how each will impact your case.

Understanding Consumer Debt

Consumer debt is any money you owe that is a result of a purchase that was used or enjoyed by you or any of your family members. The same thing that you buy for your personal use can be used within a business and in that case, it would be classified as a business debt. As an example, a table that you buy for your dining room has a much different use than a table that you purchase to furnish your restaurant.

Understanding Business Debt

As explained above, any debt that is not for your use as a consumer is considered business debt. There are, however, some categories that might surprise you because they fall under business debt even though they may not be at all related to any business. Among these, you may find medical debt which, defined as a non-consumer debt, falls into the classification of business debt. That is the same situation with income taxes. They are not considered consumer debt and will therefore have an impact on your ability to file for certain types of bankruptcy.

What Other Types of Business Debt Are There?

Items that are classified as non-consumer debts and considered business debts when it comes to bankruptcy include:

Car Loans

If you took out a loan for a car that will be used as a business or for a business when filing for bankruptcy this loan would be considered a business debt.

Some of your Credit Card Debt

As with the example above, any part of the money you owe on your credit cards that were used for business may be considered business debt as it relates to bankruptcy. When filing, it will be necessary for you to prove with documentation that even though the money was charged on your personal credit card, the funds were used for business.

Personal Guarantees

If you personally guarantee a business debt (like a loan), when it comes to bankruptcy, it would be considered business debt.

It is important for you to have a clear understanding of business and consumer debt differences. Your Bankruptcy Attorney in New Jersey will help you distinguish which debts would be considered business and which consumer when it comes to filing for bankruptcy.

Why Is It Important to Determine Which Debts Are Consumer and Which Are Business?

Once you and your bankruptcy lawyer in New Jersey have gone over your financial situation and determined that your debts are primarily consumer, you will have to pass what is called a “Median Income Test” in which your median income will be compared to that of similarly-sized families in New Jersey. If yours is lower, you pass the means test and may file a Chapter 7 bankruptcy. Otherwise, you may also need to pass the “Means Test” which is used to determine if you have enough “disposable income” to fund a Chapter 13 bankruptcy plan .

If you have doubts as to how to proceed in order to solve your financial situation, or you are confused as to how to go about filing for bankruptcy and whether you would qualify for a Chapter 7, Chapter 13, or any other bankruptcy proceeding, you need legal help. The team of knowledgeable and experienced bankruptcy attorneys in New Jersey in the Law Office of Stuart M. Nachbar are the legal experts you need now. Set up your initial consultation today to get started.

We serve clients throughout the following counties:

Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon, Bergen, Hudson, and Middlesex. We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, Verona, and more.

Bankruptcy Credit Counseling

Mon, 23 Dec 2024 15:56:01 GMT

Bankruptcy has always been a tool for consumers to resolve their debt problems. However, these days, with the COVID-19 pandemic turning the economy upside down, and many people losing their jobs and sources of income, the number of people that are opting to file for bankruptcy has definitely grown.

Could Bankruptcy Be the Option You Need Now?

Most likely, you are having a hard time deciding whether filing for bankruptcy is the best option for you. To make your decision easier, consider answering these questions:

Do you fear you may not be able to pay off your debts within five years?
Not including your mortgage, is the amount you owe over 40% of your total income?
Do you make payments towards your debt every month and still feel no progress is being made?
Do you worry that having to pay off your debt will impact your future in such a way that you will never be able to put money away for your children's education or for your retirement?

The answers you give to the above questions may be enough to convince you that filing for bankruptcy is the best way to get a handle on your finances moving forward.

How Can Filing for Bankruptcy Help You?

If you have a genuine mountain of debt, filing for bankruptcy can help you put a stop to collection calls and lawsuits regarding your debts and wage garnishment. Your bankruptcy attorney in New Jersey can explain the process to you and help you file for bankruptcy, after which you should see an improvement in your finances within six months.

Why Is Bankruptcy Counseling Needed?

In short, because the federal government requires two sessions of credit counseling as part of bankruptcy proceedings. One takes place to start off the process and the other one needs to take place before your debts are forgiven. Your bankruptcy lawyer in New Jersey will fully explain the details of both sessions to you.

In the meantime, here is an overview:

Session I: Pre-Filing Counseling

It is important for you to attend this session prior to filing because it will help you weigh the pros and cons of what you are about to do. You will also learn what other alternatives are available to you and what other resources could work for you.

The certificate of completion you receive after this session is valid for 180 days. During this time, your bankruptcy lawyer in New Jersey will help prepare your case and file it.

Not going through this session before submitting your bankruptcy filing to the court means your case will be thrown out.

Session Ii: Pre-Discharge Counseling

Before the court is finished with your bankruptcy, you must attend the second session. This time, the focus will shift to financial education, offering you tools to learn how to manage your finances in the future. As well, you will receive some strategies on how to save money, and you will learn about credit scores and how to create a sensible budget . Once again, you will receive a certificate upon completion of this session.

Bankruptcy Credit Counseling New Jersey

Is the amount you owe making you lose sleep? Don’t waste another day worrying about it. At the Law Office of Stuart M. Nachbar our team of expert bankruptcy attorneys will work with you to file for bankruptcy. Your case will be analyzed thoroughly and the best options explained to you. You will also receive bankruptcy credit counseling to understand what this whole process will mean and how it may impact your future. Make an appointment today to get started.

We serve clients throughout the following counties: Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon, Bergen, Hudson, and Middlesex.

We are close by to Livingston, West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, Verona, and more.

2021 Mortgage Servicing Covid-19 Rule or Rule 21

Mon, 23 Dec 2024 15:53:54 GMT

On June 28, 2021, the Consumer Financial Protection Bureau (CFPB) issued new rules to reinforce the ongoing economic recovery, with an amendment of the Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X. The new rule is entitled 2021 Mortgage Servicing COVID-19 Rule or Rule 2021. The rules cover loans on principal residences only, generally exclude small servicers, and will take effect on August 31, 2021.

Rule 2021 was enacted to assist borrowers affected by COVID-19 as they exit forbearance. To ensure that borrowers can pursue foreclosure avoidance options, servicers must meet temporary special procedural safeguards before initiating foreclosures for certain mortgages through the end of this year.

Allowing mortgage servicers to help borrowers faster. Under the new temporary rule, servicers can offer streamlined loan modifications to borrowers with COVID-19-related hardships without making borrowers submit all the paperwork for every possible option. These streamlined loan modifications cannot increase borrowers' payments and have other protections built into them.

Explaining to borrowers their options. Servicers will be required to increase their outreach to borrowers before initiating foreclosure and tell borrowers key information about their repayment or other options when they communicate with borrowers who are exiting forbearance or struggling to make mortgage payments.

Rule 2021 temporarily adds to the existing foreclosure protection conditions in certain circumstances. From August 31, 2021, through December 31, 2021, unless an exception applies, before referring certain 120-day delinquent accounts for foreclosure, the servicer must make sure at least one of the temporary procedural safeguards has been met. The procedural safeguards are:

Borrower has abandoned the property;
Borrower is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days; or
Borrower has been evaluated for all options other than foreclosure and there are no available options to avoid foreclosure.

The temporary procedural safeguards are not required if:

The foreclosure referral occurs (as permitted by applicable law) on or after January 1, 2022.
The borrower was more than 120 days delinquent prior to March 1, 2020.
The applicable statute of limitations will expire before January 1, 2022.

If the servicer has met the temporary procedural safeguards, or if the safeguards do not apply, the servicer may proceed with the foreclosure referral, to the extent permitted by other law and the existing foreclosure protections in the Mortgage Servicing Rules.

The new rules include other important details with which loan servicers must be familiar, such as providing borrowers with the details of available forbearance programs and other information to be provided to borrowers between 10-45 days before the scheduled end of a borrower's forbearance program.

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Start with a Free Consultation

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