When a Debtor is Living on Credit: Discharging Recent Credit Card Debt!
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Bankruptcy clients are always in dire financial straights. Commonly, individuals who file bankruptcy use their credit cards to pay for basic living expenses during the months before they file bankruptcy. Using one credit card to pay another and a new card for groceries and gas is typical. This leads to the question of whether recent debt can be discharged in a bankruptcy proceeding. The short answer is, “YES!” Dischargeable vs. Non-Dischargeable Debt When you file a consumer bankruptcy case – Chapter 7 or Chapter 13 - most debts are discharged. You never have to pay a discharged debt. Some deb ..read more
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Bankruptcy Abandonment: What it Means to You
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
In most cases, if the Chapter 7 bankruptcy trustee abandons your property, you get to keep it. It’s yours! Most Chapter 7 cases are “no asset” cases. That means there is no property the trustee can liquidate to raise money for the benefit of your creditors. The Chapter 7 Trustee’s Role When you file a Chapter 7 bankruptcy, a trustee is appointed to administer the bankruptcy estate property.  The bankruptcy estate is everything you own as listed on Schedules A and B of the bankruptcy petition.  What if there is a non-exempt property in the bankruptcy estate with a value that can be us ..read more
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New Jersey Alimony: When Can I Retire?
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Alimony: Legalese for an arrangement where one spouse pays the other a stipend to equalize the parties’ income after divorce. Theoretically, alimony enables both parties to maintain the standard of living enjoyed during the marriage. The idea two people can separate a maintain the standard of living they enjoyed during the marriage is plain claptrap! The Purpose of Alimony: Alimony intends to maintain the economic status quo for a dependent spouse after divorce. Thus, if the husband earned more than his soon to be ex-wife; he will pay to ensure she has enough money to maintain the standard of ..read more
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This Isn’t Forever: Protect Your Credit, & Land on Your Feet
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
At Ernest G. Ianetti, Esq., our top priority is the health and safety of our employees, our clients, and their families. As the COVID-19 situation continues to evolve, we are doing all we can to help protect our employees and clients. Staying healthy and safe are the top priorities, but you may also be concerned about how current economic conditions will affect your finances. Managing your personal finances and using the resources available to you will help get you through the crisis, and land on your feet when it’s finally over. Here are a few simple ideas to help you keep your finances and c ..read more
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Debt Solutions: Bankruptcy v. Debt Settlement
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Debt settlement is a term used to describe negotiating with your creditors. to force them to accept less money than you owe. Debt settlement companies, called “DSCs,” do this work for you, but you must pay them whether they reduce your debt or not. DSC fees are usually between 20% and 25% of your total debt, although some DSCs charge a percentage of what they save you. DSCs also charge additional fees for things like setting up your account. Typically debt-settlement is an alternative to filing bankruptcy. But, the debt settlement approach to getting out of debt is risky. Some creditors may no ..read more
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Why Does She Have More Parenting Time Than Me?
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
In a world where both parents work, and fathers raise children, the presumption that mothers automatically get primary custody no longer exists. Despite that, often one parent gets far less parenting time than the other. While every case is different, three overarching fact patterns commonly dictate which parent gets a better shake in court. Knowing what makes a difference can give you an advantage if you must litigate child custody, so read on. New Jersey's child custody law, N.J.S.A. 9:2-4, is gender-neutral and child-centric. The state statute focuses on 14 factors that concern the best int ..read more
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How Much Does It Cost to File Chapter 7 Bankruptcy?
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
If you are considering filing Chapter 7 Bankruptcy, the first questions to ask are what it will cost, and is the expense worth it.  If you’re deep in debt, every penny counts, so you need to be cost-conscious. Still, you need an experienced attorney who provides personalized services that match your unique circumstances. An attorney who brings experience and personalized service to your case is always your best option. Hiring an experienced attorney who will take to time understand your unique financial situation is the paramount consideration. Obtaining a discharge and eliminating your ..read more
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Managing Debt: Is Bankruptcy the Only Option?
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Are facing a mountain of debt? Realizing you are in over your head can be emotionally traumatic. Debt is crushing; it keeps you awake at night, interferes with your relationships, and can even impair job performance. Plus, it’s just depressing to be behind the eight ball. Bankruptcy is not the only option! You attorney can help you evaluate debt relief options and guide you to an option that works for you.  If these things sound familiar, confront your debt head-on and solve the problem. Signs You’re in Trouble Struggling to manage debt is a common problem. Do you worry about money e ..read more
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Post Conviction Relief: When a Conviction is Unjust.
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Post-conviction relief is sometimes called conviction integrity because the procedure ensures that the conviction is just. Post-conviction relief is the name of the legal process used to challenge a verdict or sentence in a criminal case following a conviction. In post-conviction relief, the petitioner seeks to challenge the outcome of a case based on newly discovered evidence and, sometimes, because his or her trial or appellate attorney was ineffective. Post-conviction relief differs from an appeal. Usually, an appeal involves a review of the trial record only.  In a post-conviction r ..read more
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Facing A Domestic Violence Charge! What's Next?
Ernest G. Ianetti, Esq.
by Ernest G. Ianetti, Esq.
3y ago
Domestic Violence charges are commonly filed when people have contentious relationships – and sometimes when one person seeks an advantage in the breakup of a relationship.  Just as often, however, one party in a relationship is victimized. When that happens, New Jersey's domestic violence law is a powerful tool that punishes abusers and protect victims from further abuse. Is Domestic Violence a Criminal Offense? Domestic violence is a civil offense.  However, a domestic violence incident always involves an underlying criminal offense. Therefore, a person accused of domestic violen ..read more
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