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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12923
Experience:  B.A.; M.B.A.; J.D.
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My previous address was in the state of Pennsylvania until

Customer Question

My previous address was in the state of Pennsylvania until 2006 my wife and I were legally separated, we own a home in the state of Pennsylvania in witch my wife still resides. At first I was ordered to pay half of the mortgage, spouse support, and child support. After an appeal due to she was living in the marital property with my kids and her boyfriend I was ordered only to pay child support witch is fair, at first she was paying the mortgage but then she stopped paying it totally. The mortgage loan is under my name only and of course my credit has been going downhill since. Since we separated in 2006 I’ve moved back to New Jersey my financial situation has been hell. I've received a Civil Action Law Suit complaint Summons from state of Pennsylvania Court for Mortgage Foreclosure for the property that I have in Pennsylvania. I also received several Civil Action Law Suit Complaint Summons from state of New Jersey Court for unpaid credit cards, one of the Summons is a notice of application for wage execution, and I also have multiple unpaid medical bills. I’m thinking to file for Chapter 7 bankruptcy, if I do file for chapter 7 bankruptcy to which state should I file to? The fact that I live in the state of New Jersey and have property in the state of Pennsylvania and have Summons from both states courts, and if I do file for chapter 7 bankruptcy does this Civil Action Complaint Summons get taken care of. Any help would greatly be appreciated.

Thank you,
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

My previous address was in the state of Pennsylvania until 2006 my wife and I were legally separated, we own a home in the state of Pennsylvania in witch my wife still resides. At first I was ordered to pay half of the mortgage, spouse support, and child support. After an appeal due to she was living in the marital property with my kids and her boyfriend I was ordered only to pay child support witch is fair, at first she was paying the mortgage but then she stopped paying it totally. The mortgage loan is under my name only and of course my credit has been going downhill since. Since we separated in 2006 I've moved back to New Jersey my financial situation has been hell. I've received a Civil Action Law Suit complaint Summons from state of Pennsylvania Court for Mortgage Foreclosure for the property that I have in Pennsylvania. I also received several Civil Action Law Suit Complaint Summons from state of New Jersey Court for unpaid credit cards, one of the Summons is a notice of application for wage execution, and I also have multiple unpaid medical bills. I'm thinking to file for Chapter 7 bankruptcy, if I do file for chapter 7 bankruptcy to which state should I file to? The fact that I live in the state of New Jersey and have property in the state of Pennsylvania and have Summons from both states courts,

 

Response: You file the case in New Jersey, which is where you live. Under 28 U.S.C. Section 1408, (1) a debtor may commence a bankruptcy case in any federal judicial district in which the domicile, residence, principal place of business, or principal assets of the debtor have located for 180 days prior to the bankruptcy petition, or for a longer portion of that 180 days than any other district; or (2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership. Even if have a property is in Pennsylvania , you are now domiciled in New Jersey. Thus, New Jersey is where you need to file the case.

 

and if I do file for chapter 7 bankruptcy does this Civil Action Complaint Summons get taken care of. Any help would greatly be appreciated. Thank you,

 

Response: Yes, the case would be suspended pending the outcome of your bankruptcy case. Since you have Summons for Application for Wage Garnishment, you need to make sure that as soon the bankruptcy case is filed to send a Notice of Bankruptcy Case filing to the Court and to the opposing counsel in the case so that the case can be suspended and ultimately dismissed when you your bankruptcy case has concluded.

 

 

 

Customer: replied 4 years ago.
I have filled a chapter 7 bankruptcy before in the state of New Jersey, but it was more than ten years ago. Do you think that it's going to affect my filling now? If I do file for chapter 7 bankruptcy should I hire an attorney or should I hire an full service company to fill out all the documentation. Do you have any suggestion on what should I include when filling?
Expert:  Phillips Esq. replied 4 years ago.

 

 

I have filled a chapter 7 bankruptcy before in the state of New Jersey, but it was more than ten years ago. Do you think that it's going to affect my filling now?

 

Response 1: No, it is not.

 

 

If I do file for chapter 7 bankruptcy should I hire an attorney or should I hire an full service company to fill out all the documentation.

 

Response 2: It would be better for you to hire a bankruptcy attorney because a document preparer cannot give you legal advice. Click on the links below to find a local bankruptcy attorney:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.justia.com/

 

http://www.attorneypages.com/

 

If you cannot afford an attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo if you do not like the ones on the links below.

http://www.bankruptcyseven.com/

 

http://bridgeportbankruptcy.com/bridgeport/index.asp


http://usabankruptcyassociates.com/usabk/moreinfo.asp#wedo

 

 

Do you have any suggestion on what should I include when filling?

 

Response 3: This question must be addressed by your local bankruptcy attorney after careful review your circumstances. In any event, ALL your assets, debts, income must be listed on your Bankruptcy Schedules.

 

 

This is my final response to your original post.

 

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