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A wooden judge 's gavel is sitting on top of a stack of papers.
December 20, 2024
Are you considering a loan modification but unsure about its disadvantages? This post explores potential drawbacks like extended repayment periods, impact on your credit score, hidden fees, and the risk of rejection, helping you make an informed decision before moving forward.
A judge is holding a gavel in front of a statue of justice.
November 22, 2024
Can I Keep My Car If I File for Chapter 7 Bankruptcy in New Jersey?
July 31, 2024
A Guide to Filing for Chapter 7 Bankruptcy in New Jersey
June 28, 2024
Financial difficulties can be overwhelming, but bankruptcy offers a way to regain control and achieve a fresh start. In New Jersey, the two most common types of bankruptcy for individuals are Chapter 7 and Chapter 13. Each has its own benefits, requirements, and implications. At Carroll Law Firm, P.C., we specialize in helping clients navigate the complexities of bankruptcy law. Here’s a detailed look at the differences between Chapter 7 and Chapter 13 bankruptcy, and how each can help you achieve financial stability. What is Chapter 7 Bankruptcy? Chapter 7 bankruptcy, also known as liquidation bankruptcy, allows individuals to discharge most of their unsecured debts, such as credit card debt and medical bills. In exchange, the debtor’s non-exempt assets are sold to repay creditors. Advantages of Chapter 7: Quick Process: Chapter 7 bankruptcy typically takes about 3 to 6 months to complete. Debt Discharge: Most unsecured debts are completely discharged, giving you a fresh financial start. No Repayment Plan: Unlike Chapter 13, there is no need to create a repayment plan; the process focuses on liquidating non-exempt assets. Disadvantages of Chapter 7: Asset Liquidation: Non-exempt assets may be sold to repay creditors, which could include valuable property. Impact on Credit: Filing for Chapter 7 bankruptcy will negatively impact your credit score and remain on your credit report for 10 years. Eligibility Requirements: Not everyone qualifies for Chapter 7 bankruptcy. You must pass a means test to demonstrate that your income is below a certain threshold. What is Chapter 13 Bankruptcy? Chapter 13 bankruptcy, also known as reorganization bankruptcy, allows individuals to keep their assets while repaying a portion of their debts over a 3 to 5-year period. This type of bankruptcy is suitable for those with a regular income who can afford to make monthly payments. Advantages of Chapter 13: Asset Protection: You can keep your property, including your home and car, as long as you comply with the repayment plan. Debt Consolidation: Chapter 13 allows you to consolidate your debts into a single monthly payment, making it easier to manage your finances. Stopping Foreclosure: Filing for Chapter 13 can stop foreclosure proceedings and allow you to catch up on missed mortgage payments. Disadvantages of Chapter 13: Longer Process: Chapter 13 involves a 3 to 5-year repayment plan, which is a longer commitment compared to Chapter 7. Regular Income Requirement: You must have a regular income to qualify for Chapter 13, as you need to make consistent monthly payments. Debt Limits: There are limits to the amount of debt you can have to qualify for Chapter 13 bankruptcy. As of 2021, these limits are $419,275 for unsecured debt and $1,257,850 for secured debt. Choosing Between Chapter 7 and Chapter 13: The choice between Chapter 7 and Chapter 13 bankruptcy depends on your specific financial situation and goals. Here are some considerations: Income Level: If your income is below the state median and you pass the means test, Chapter 7 may be the best option. If you have a regular income and can make monthly payments, Chapter 13 might be more suitable. Asset Protection: If you have significant assets that you want to protect, Chapter 13 allows you to keep your property while repaying your debts. Type of Debt: If you have primarily unsecured debts and no substantial assets, Chapter 7 can provide a quicker resolution. If you have secured debts and want to avoid foreclosure or repossession, Chapter 13 can offer better protection. Understanding the differences between Chapter 7 and Chapter 13 bankruptcy is crucial for making an informed decision about your financial future. At Carroll Law Firm, P.C., we are dedicated to providing compassionate and effective legal representation to help you navigate the bankruptcy process and achieve financial stability. 
May 15, 2024
As a New Jersey resident, it's important to understand civil tax violations and the potential consequences they can have on your financial well-being. Whether you've made an innocent mistake on your taxes or intentionally committed fraud, seeking legal advice from a qualified attorney is crucial in navigating the complex world of tax law. In this blog post, we'll delve into what civil tax violations are, common types of violations, and how a skilled attorney in New Jersey can assist you in resolving these issues. Civil tax violations refer to instances where taxpayers fail to comply with tax laws without any intent to commit criminal wrongdoing. These violations can range from simple errors on tax returns to more serious offenses such as underreporting income or claiming false deductions. It's important to note that civil penalties for tax violations can still result in hefty fines and other consequences, even if no criminal intent is present. This is why seeking legal guidance from a knowledgeable attorney is essential in addressing these matters effectively. One common type of civil tax violation is negligence, which occurs when taxpayers fail to exercise reasonable care in preparing their tax returns. Negligence can include careless mistakes, inaccuracies, or omissions that result in underpayment of taxes owed. Another type of violation is substantial understatement of income, which occurs when taxpayers significantly underestimate their income on their tax returns. Both negligence and substantial understatement of income can lead to penalties imposed by the IRS. In cases where taxpayers intentionally underreport their income or engage in fraudulent activities to evade taxes, they may face more severe consequences such as civil fraud penalties or even criminal charges. However, even unintentional errors on tax returns can still result in costly penalties and interest payments if not addressed promptly. This is where a skilled attorney specializing in civil tax violations can provide valuable assistance in negotiating with the IRS on your behalf and developing strategies to resolve these issues effectively. If you find yourself facing civil tax violations in New Jersey, it's crucial to seek legal representation from an experienced attorney who understands state and federal tax laws. A qualified attorney can help you navigate the complexities of the legal system, protect your rights throughout the process, and work towards achieving the best possible outcome for your case. By enlisting the help of a knowledgeable professional, you can minimize the financial impact of civil tax violations and take steps towards resolving these issues efficiently. Dealing with civil tax violations can be overwhelming and stressful for any taxpayer. However, with the guidance of Carroll Law Firm, P.C., you can rest assured that your case will be handled with expertise and care. If you're facing civil tax violations in New Jersey, don't hesitate to reach out to us. Remember that seeking professional help early on can make all the difference in successfully resolving your tax issues and moving forward towards financial stability. 
April 19, 2024
Understanding The Benefits Of Chapter 11 Bankruptcy In New Jersey Facing financial difficulties can be overwhelming, but it's important to know that there are options available to help you get back on track. One such option is filing for Chapter 11 bankruptcy, which can provide individuals and businesses with a path towards financial stability. In this blog post, we will explore the benefits of filing for Chapter 11 bankruptcy, who should consider this option, and how Garden State Bankruptcy can assist the New Jersey public with their Chapter 11 bankruptcy matters. Chapter 11 bankruptcy is often referred to as reorganization bankruptcy because it allows businesses and individuals to restructure their debts while still remaining operational. One of the main benefits of filing for Chapter 11 bankruptcy is the ability to continue operating your business while developing a plan to repay creditors over time. This can provide much-needed breathing room for businesses that are struggling financially, allowing them to focus on turning their operations around without the constant pressure of mounting debt. Another benefit of filing for Chapter 11 bankruptcy is that it gives individuals and businesses the opportunity to renegotiate their debts with creditors. Through the process of restructuring their debts, filers may be able to reduce the total amount owed, lower interest rates, or extend repayment terms. This can make it easier for filers to meet their financial obligations and ultimately emerge from bankruptcy in a stronger financial position. Chapter 11 bankruptcy also provides protection from creditors through an automatic stay, which halts all collection actions against the filer. This means that creditors cannot pursue legal action, garnish wages, or seize assets while the filer works on developing a repayment plan. The automatic stay can provide much-needed relief from creditor harassment and give filers the time they need to assess their financial situation and come up with a viable plan moving forward. Who should consider filing for Chapter 11 bankruptcy? Businesses that are struggling financially and facing insurmountable debt may benefit from this type of bankruptcy as it allows them to reorganize their finances while remaining operational. Individuals who have significant assets or income may also find Chapter 11 bankruptcy beneficial as it provides them with a structured way to repay their debts without having to liquidate all of their assets. Filing for Chapter 11 bankruptcy can provide individuals and businesses in New Jersey with a fresh start when faced with overwhelming debt. By allowing filers to restructure their debts, negotiate with creditors, and continue operating their business, Chapter 11 bankruptcy offers a path towards financial stability. If you are considering filing for Chapter 11 bankruptcy in New Jersey, Garden State Bankruptcy is here to assist you every step of the way. Our experienced team can help you navigate the complexities of Chapter 11 bankruptcy proceedings and develop a plan that suits your unique financial situation. Don't let financial difficulties hold you back – contact Garden State Bankruptcy today to learn more about how we can help you achieve financial freedom through Chapter 11 bankruptcy. 
March 15, 2024
Dealing with taxes can be complex and stressful, especially when you find yourself facing civil tax violations. Residents of New Jersey, like in any other state, can find themselves in hot water with state tax laws if not careful. In this blog post, we’ll discuss what civil tax violations are, how they occur, and why consulting with a seasoned civil tax violations attorney could be the best action you can take to protect your rights and finances. What Are Civil Tax Violations? Civil tax violations are non-criminal infractions of tax laws. Unlike tax fraud or evasion, which involve willful deception, civil tax violations usually stem from oversight, misinterpretation, or misunderstandings of tax regulations. Common examples include underreporting income, claiming inappropriate deductions or credits, and failing to file tax returns. In New Jersey, the consequences of civil tax violations can range from monetary fines to penalties and interest charges on unpaid taxes. In severe cases, it could even lead to liens against your property or bank levies. How Civil Tax Violations Occur For many New Jersey residents, tax violations are not a product of intentional misconduct, but often result from: Misunderstanding the intricate tax laws Oversights when preparing tax returns Incorrect or incomplete record-keeping Unintentional errors in calculations Late filing due to personal circumstances Whatever the reason behind the misstep, the implications can be serious and seeking professional guidance is crucial. The Role of a Civil Tax Violations Attorney When faced with a civil tax issue, an attorney specializing in civil tax violations provides not just legal advice but representation that can ensure your case is treated fairly under the complex New Jersey tax code. They can help you: Navigate The Legal Tax Landscape With expert knowledge of both federal and state tax laws, a tax attorney can guide you through the complexities of your obligations and rights as a taxpayer. Represent You Before Tax Authorities Skillful negotiation with tax authorities by an experienced attorney can often lead to a more favorable outcome, from reduction in penalties to setting up manageable payment plans. Address Underlying Issues An attorney can help determine the cause of tax issues and recommend strategies to prevent future violations, such as more accurate record-keeping or timely filings. Litigate In Court If necessary, a tax attorney can represent you in the court of law, defending your position and striving to get penalties reduced or dismissed. When to Contact a Civil Tax Violations Attorney You should consider reaching out to an attorney if you: Received a notice from the New Jersey Division of Taxation Are subject to an audit or investigation Disagree with the assessment made by tax authorities Need assistance with filing back taxes or correcting returns Desire to appeal a tax decision or penalty For New Jersey residents, civil tax violations can be an unsettling experience. However, understanding the role of a civil tax violations attorney and when to engage one can be the difference between swift resolution and an ongoing battle with tax authorities. If you're dealing with any issues related to civil tax violations, seeking legal help can be a wise decision. An attorney's expertise could save you not just money but also the time and stress of navigating through the system on your own. For expert advice or representation regarding your civil tax concerns, reach out to a qualified New Jersey civil tax violations attorney today. Your peace of mind and financial well-being are worth the investment. Don’t face tax challenges alone; a knowledgeable attorney is your best ally in resolving your tax issues and ensuring compliance with New Jersey tax laws. 
February 8, 2024
Foreclosure is a daunting experience that can cause emotional and financial stress. If you're facing foreclosure, you may feel helpless and overwhelmed. However, it's important to know that you have legal rights and options available to help you keep your home. One of the best ways to protect your rights and fight foreclosure is by hiring a foreclosure defense attorney. In this blog post, we'll discuss why you need a foreclosure defense attorney in New Jersey. Legal Knowledge and Experience Foreclosure defense attorneys are experts in real estate law and have extensive knowledge of the legal system. They understand the complex laws governing foreclosures, including state and federal regulations, which can be challenging for someone without legal training to navigate. With their experience, they can analyze your case and identify potential defenses that could help save your home. Negotiation Skills Foreclosure defense attorneys not only have legal expertise but also excellent negotiation skills. They can negotiate with your lender on your behalf to reach a settlement or modify the terms of your mortgage loan, such as reducing interest rates or extending the repayment period. Their negotiation skills could help prevent foreclosure and keep you in your home. Protection of Your Rights A foreclosure defense attorney will work tirelessly to protect your rights throughout the process. They can challenge any wrongful actions taken by your lender or mortgage servicer, such as improper service of process or predatory lending practices. Additionally, they can ensure that all paperwork is filed correctly according to state law. Confidence in Court Proceedings If litigation becomes necessary, having a foreclosure defense attorney on your side can give you confidence during court proceedings. The attorney will represent you during hearings and trials, presenting evidence on your behalf and arguing against the lender's claims. With an experienced lawyer advocating for you in court, there's a higher chance of success in your case. Cost-Effective Solution Hiring a foreclosure defense attorney may seem expensive, but it's often a cost-effective solution in the long run. The attorney can help you avoid costly mistakes and delays that could prolong the foreclosure process and lead to additional legal fees. Additionally, they may be able to negotiate a more favorable outcome for you than you would have been able to achieve on your own. Foreclosure is a stressful situation that can leave you feeling hopeless. However, hiring a foreclosure defense attorney in New Jersey can be an effective way to protect your rights and fight back against foreclosure. They have the legal knowledge and experience, negotiation skills, and ability to protect your rights throughout the process. With their help, you may be able to keep your home and move forward with financial stability. Don't hesitate to reach out for assistance if you're facing foreclosure – it could make all the difference for your future. 
January 24, 2024
Nobody Wants To Declare Bankruptcy. Nobody Wants To Declare Bankruptcy. However, sometimes, it’s the best option for those who are dealing with overwhelming debt. If you live in New Jersey and are considering filing for Chapter 7 bankruptcy, this guide will walk you through the process. With our help, you’ll be able to alleviate the stress of your financial situation and get on the path to a better future. What To Know About Chapter 7 Bankruptcy In New Jersey Chapter 7 bankruptcy is the most common form of bankruptcy in the United States. It’s also known as “liquidation bankruptcy” because most of your assets will be sold to pay off your creditors. However, some assets, like retirement accounts or your primary vehicle, will be exempt. Keep in mind that not all debts can be discharged, like child support or student loans. If you’re not sure whether Chapter 7 is the right option for you, consider speaking with a bankruptcy attorney. How To File For Chapter 7 Bankruptcy In New Jersey Filing for Chapter 7 bankruptcy in New Jersey requires completing several steps. First, you will need to take a credit counseling course from an approved agency. Then, you’ll need to gather important financial documents like your tax returns and paystubs and complete paperwork that lists your assets, debts, and expenses. Once your paperwork is filed, an automatic stay will go into effect, which stops creditors from trying to collect from you. Within 30-45 days, you will attend a meeting with a trustee who will review your paperwork and ask you questions about your finances. If all goes well, your debts will be discharged in about three months. At Carroll Law Firm, P.C we can assist the New Jersey public with bankruptcy matters While filing for Chapter 7 bankruptcy in New Jersey is possible to handle on your own, it can be complicated and overwhelming. That’s where we come in. Carroll Law Firm, P.C has over 20 years of experience helping people with bankruptcy cases. We’ll work with you to gather the necessary paperwork, attend the trustee meeting with you, and represent you throughout the entire process. We understand how difficult this time can be, and we’re dedicated to making it as stress-free as possible. Filing for Chapter 7 bankruptcy is not a decision that should be taken lightly. However, if you’re considering it, it’s essential to understand the process and your options. With the help of this guide and the dedicated attorneys at Carroll Law Firm, P.C, you can regain control of your finances and start your journey towards a better future. Don’t hesitate to contact us today to schedule your consultation. 
December 15, 2023
Chapter 7 Vs Chapter 13 Bankruptcy: Which Is Right For You? Are you facing financial troubles and finding it hard to pay off your debts? Are you considering bankruptcy but have no idea about the process and which chapter to file? Well, bankruptcy can be a daunting and complex process, but it can also be your chance to reset your finances. Before you make any decisions, it is crucial to understand the difference between the two most common types of bankruptcies: Chapter 7 and Chapter 13. In this blog, we will discuss the essential differences between Chapter 7 and Chapter 13 bankruptcy and who should file for Chapter 13. Chapter 7 bankruptcy, also known as liquidation bankruptcy, is best for people with a low income and limited assets. With this type of bankruptcy, the court can order the discharge of most debts, except for student loans, tax debts, and child support. To qualify for Chapter 7 bankruptcy, you must pass the means test and prove that your income is less than the state median income. During the process, your non-exempt assets will be sold to pay off your creditors. The process usually takes three to six months, and your debts will be discharged at the end. However, keep in mind that Chapter 7 bankruptcy can be challenging to qualify for, and the process can affect your credit score for up to ten years. On the other hand, Chapter 13 bankruptcy, also known as a reorganization bankruptcy, is best for individuals with a regular income who can pay off their debts but need time and assistance in doing so. With Chapter 13 bankruptcy, you can reorganize your debts into a repayment plan that usually lasts three to five years. The repayment plan is based on your income and living expenses, and you can keep your assets. This type of bankruptcy is suitable for people facing foreclosure, tax debts, or those who have large amounts of non-exempt assets they want to protect. However, the process is much longer and more complicated than Chapter 7, and not everyone qualifies for Chapter 13 bankruptcy. Who Should File For Chapter 13 Bankruptcy? In general, individuals who have a stable income and significant non-exempt assets should consider filing for Chapter 13 bankruptcy. Chapter 13 allows you to keep your assets while repaying your debts over time, making it a practical solution for people with high-value assets, such as a home or a car. It is also the right choice for people who want to avoid foreclosure and catch up on their missed mortgage payments. Additionally, Chapter 13 bankruptcy can benefit individuals with tax debts, as it gives them more time to repay their debts and may even result in a reduced payoff amount. Bankruptcy is not a decision to take lightly, and it can be a complex and daunting pursuit. Knowing the difference between Chapter 7 and Chapter 13 bankruptcies is crucial in determining which option is best for your situation. If you live in New Jersey and are considering filing for bankruptcy, Carroll Law Firm, P.C is here to help. Our team has substantial experience in handling bankruptcy matters and can help you navigate the process smoothly. Contact us today for a free consultation and learn more about how we can assist you with your bankruptcy case.
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