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General Blogs

Navigating Bankruptcy For Seniors In Monmouth County, NJ
  • By: Paul N. Mirabelli, Esq.

In this article, you will discover: Whether social security and retirement funds are protected when you file for bankruptcy If filing for bankruptcy will impact your eligibility for Medicaid or long-term care Why working with an attorney is important for seniors considering filing for bankruptcy Are Social Security And Retirement Funds Protected When Seniors File For Bankruptcy? Yes, social security and retirement funds are protected. There's an exemption that covers 100% of your pension and any other retirement benefits, such as a 401(k) or an IRA. Any income you receive after filing for bankruptcy, including social security, is also exempt from bankruptcy. Can Unpaid Medical…Read More

Small Business Owners With Debt In Monmouth County: Is Personal Bankruptcy A Good Option For Recovery?
  • By: Paul N. Mirabelli, Esq.

In this article, you will discover: The difference between business and personal bankruptcy for small business owners in New Jersey. If filing for bankruptcy halts collections and lawsuits against you or your small business. Whether it’s better to close your business before filing for bankruptcy. What’s The Difference Between Business Bankruptcy And Personal Bankruptcy For Small Business Owners? It depends on the debt and whether the business owner has personally guaranteed it. If you have debt you didn’t personally guarantee, you could file a business bankruptcy. That would discharge the business's debts. On the other hand, if you have guaranteed debt, obtained a line of…Read More

What To Expect From Your First Consultation With A Bankruptcy Attorney In Monmouth County, New Jersey
  • By: Paul N. Mirabelli, Esq.

In this article, you can discover… The documentation you’ll need to begin filing for bankruptcy. What kind of questions your attorney will ask you during consultation.  The next steps after your first meeting, and how your attorney will guide you.  What Documentation Should I Bring To The First Consultation? Be sure to bring your tax return from the previous year and three current pay stubs. Also, bring a list of any assets that you have. Bring your mortgage statement if you have a home with a mortgage on it. If you have a car with a lease or a loan against it, bring those statements,…Read More

Don’t Make These 5 Mistakes When Filing For Bankruptcy In New Jersey
  • By: Paul N. Mirabelli, Esq.

In this article, you can discover… The risks of failing to list all your debts when filing for bankruptcy. How to use credit cards thoughtfully and carefully before filing.  The benefits of allowing an attorney to help you file for bankruptcy. Mistake #1: Failing To List All Of Your Debts In Your Bankruptcy Filing If you don’t list a debt, you may not be able to discharge it through bankruptcy. If you do discover a debt that you forgot before a discharge is issued, you can simply amend your petition to include that debt. If you realize you’ve forgotten a debt after you receive a…Read More

How To Handle Medical Debt Through Bankruptcy In New Jersey: A Solution For Debt Relief
  • By: Paul N. Mirabelli, Esq.

While medical debt is no different from any other type of debt, many people find the especially high rates charged by hospitals and doctors to be overwhelming. In today’s world, a single medical procedure can cost enough to wipe out your savings and still have debt left over. Fortunately, bankruptcy can help you and your family get out from under this crushing debt and start again. It’s a legal tool that exists to help ordinary people move forward with less financial worry, and I’m here to help you understand the process from start to finish. Keep reading this article to discover… How bankruptcy can help…Read More

How Do Bankruptcy Exemptions Work? Legal Considerations For Residents Of Monmouth County
  • By: Paul N. Mirabelli, Esq.

In this article, you can discover… What kinds of personal property are exempt from bankruptcy. What to do if your assets exceed bankruptcy exemption limits. How to correct an improperly claimed exemption after you’ve filed. What Are Bankruptcy Exemptions? Bankruptcy exemptions are any assets that creditors can not seek as part of the bankruptcy process. These exemptions help protect your necessary, basic, and most important assets from being sold off to repay your debts as a part of the bankruptcy process. What Personal Property Is Exempt From Bankruptcy In New Jersey? Exemptions are made for clothing, essential furniture, common household goods, jewelry, tools needed to…Read More

How To Avoid Common Pitfalls In Chapter 7 Bankruptcy
  • By: Paul N. Mirabelli, Esq.

Why Is It Important To Be Honest On My Bankruptcy Petition? Honesty is foundational when filing a bankruptcy petition because failure to disclose assets or financial activities can result in serious legal consequences, even potential criminal charges. Trustees are skilled at identifying inconsistencies or undisclosed information, and attempting to hide assets or mislead the court could lead to the dismissal of your case or even jail time. When preparing a bankruptcy petition, you need to be upfront about all of your assets, debts, and financial actions. If there are any questionable transactions, such as preferential payments to certain creditors or the sale of assets before…Read More

Understanding Visitation Rights In New Jersey: A Guide For Parents
  • By: Paul N. Mirabelli, Esq.

What Factors Do Judges Consider When Awarding Visitation Rights In New Jersey? Visitation rights are determined on a case-by-case basis, with the primary focus being the best interest of the children. Courts prefer when parents negotiate visitation themselves since they understand their children's needs better than the judge. However, if an agreement cannot be reached, mediation is often the next step. If mediation fails, the court may conduct a custody investigation or involve experts to assess the situation. Custody trials are quite costly and emotionally taxing, so both the courts and attorneys aim to avoid them by reaching an agreement that best serves the children.…Read More

Debunking Myths & Misconceptions About Divorce In New Jersey
  • By: Paul N. Mirabelli, Esq.

Do I Need To Prove Fault To Get A Divorce In New Jersey? No, you do not need to prove fault to get a divorce in New Jersey. Irreconcilable differences are the most commonly used grounds for divorce, and with it, you don’t have to provide proof of fault. Even if fault is alleged, the courts do not consider it as a factor when determining the equitable distribution of assets. Is Divorce Always A Lengthy And Expensive Process? Divorce isn’t necessarily always a lengthy and expensive process. If both parties are reasonable and cooperative and exchange financial information openly, the process can be resolved fairly…Read More

How To Navigate The Divorce Process: A Step-By-Step Guide For Hazlet Residents
  • By: Paul N. Mirabelli, Esq.

What Are The Legal Requirements To File For Divorce In New Jersey? There are several key legal requirements for filing for divorce in New Jersey. They include: Residency At least one of the spouses must have been a resident of New Jersey for a minimum of one year prior to filing for divorce. Grounds For Divorce You need to establish a legal cause for divorce. The most commonly used ground is irreconcilable differences, which means that you have not gotten along with your spouse for at least six months, which has led to the breakdown of your marriage with no reasonable prospect of reconciliation. What…Read More