NJ Foreclosure Rates Increasing: Veitengruber Law is Here to Help

When you hear the term “clawback” in reference to bankruptcy, your mind may go to high-profile cases like the Bernie Madoff Ponzi scheme bankruptcy or similar cases with Lehman Brothers, Bayou Hedge Fund, Nine West, and more. But clawback provisions in the U.S. Bankruptcy Code are tools that can be used in any bankruptcy. A bankruptcy clawback can potentially allow for the recovery of assets transferred out of your ownership in the 90 days before bankruptcy. The purpose of a clawback is to ensure equal and fair treatment of all creditors and to deter bankruptcy filers from engaging in fraudulent activities. If you are being asked to return funds in a clawback situation, it is important that you understand your rights and what kind of legal defenses are available to you. Veitengruber Law can help you assess the claim and determine the best way to protect your assets. What does a clawback action do? In the Bankruptcy Code, the clawback action, also known as an avoidance action, is a policy intended to ensure that all creditors are paid back equally. In all types of bankruptcy proceedings, the legal processes are not adversarial or litigation-based. Bankruptcy is intended to give folks a path towards better financial health—not punish them for financial mistakes. But clawback actions are separate legal proceedings that are referred to as bankruptcy litigation. Sections 547 and 548 of the Bankruptcy Code authorize the trustee or debtor in possession to “claw back” asset transfers made by the debtor prior to bankruptcy. Fraud deterrent: Giving bankruptcy trustees the authority to clawback assets transferred in the 90-days prior to a bankruptcy filing is intended to help deter debtors from fraudulent activity. Some debtors may seek to hide or get rid of assets before filing for bankruptcy to make their case more personally favorable. But this is illegal, and the clawback option allows trustees the ability to recoup these funds. Equity: All creditors are supposed to be treated fairly under the bankruptcy code. The clawback action gives every creditor the opportunity to share in the debtor's assets, rather than favoring one creditor over another. Estate preservation: Clawback provisions allow recovery of assets belonging to the bankruptcy estate, thereby increasing the resources available to satisfy creditor claims. What is the timeframe? The timeframe to reclaim transferred assets depends on the circumstances surrounding the transfers. One kind of transfer is called a preferential transfer. Under section 547 of the Bankruptcy Code, if the debtor is insolvent, any preferential payments made in the 90 days prior to filing for bankruptcy can be clawed back. This 90-day period can be extended to one year if the recipient of the payment or asset transfer is considered an “insider.” An insider would be a relative, close friend, or business partner. This often happens when insolvent individuals choose to repay debt owed to someone they know personally rather than the debt they owe other creditors. Another kind of transfer is fraudulent transfers, covered under section 548 of the Bankruptcy Code. This is any movement of funds or assets out of the debtors possession for “less than reasonable value: while the debtor was insolvent. The lookback period for this is two years under federal law and up to four years under NJ law. So, for example, if you “sell” a vehicle worth $10,000 to a relative for $500 to avoid losing the vehicle through bankruptcy, that is considered fraud. Gifting large sums of money to friends, relatives, and other close associates is also fraud. What is the clawback process like? The bankruptcy trustee can initiate a clawback action by filing a complaint with the bankruptcy court. The complaint seeks court approval to use the clawback provision to retrieve assets transferred in the above-mentioned time frames. The complaint will legally involve the entity or individual who received the assets in the bankruptcy proceedings. From there, the funds will be reabsorbed into the bankruptcy estate, and the court will include these new assets in its equitable distribution to all creditors. What cannot be included in a clawback action? Generally, clawback actions cannot be brought forth to recover regular, timely payments to secured lenders. These payments are considered payments for value received. This would be like your mortgage, car loan, or other secured debt payments. You do not have to stop making regular payments on your debt out of fear that the payments will lead to clawback claims in bankruptcy. However, if the payments were abnormally large, above your normal monthly payment amounts, or non-routine, there could be a case for your trustee to attempt to claw back those funds. Can I legally defend myself from clawback claims? If you are facing a clawback claim, it is critical to understand your rights and any potential defenses you can use in court. Common clawback legal defences include: 1. Ordinary Course of Business The debtor must prove that the payment was made for a debt incurred in the ordinary course of business. This is typically proved by showing historical patterns. This defense is typically used in Chapter 11 bankruptcy to show that debt incurred by a business or entity was legitimate for the business's operations. 2. Good Faith Good-faith arguments are made to show that a debtor acted honestly and transparently, and made a sincere attempt to reorganize or repay debts. Many folks who find themselves dealing with clawback claims did not intentionally set out to commit fraud. When reviewing a good-faith argument, the court will look at the “totality of the circumstances” to make a decision about the intention behind large sum payments in the time before a bankruptcy filing. 3. Statute of Limitations If your assets were transferred outside of the federal or state statute of limitations, they are not eligible for a clawback claim. So, if you sold a property below value to your child ten years ago, this transfer cannot be considered for a clawback claim. Attempts to include these assets through clawback actions can be dismissed in court. How can I prevent bankruptcy clawback actions? Transfers of assets in the months and years before a bankruptcy filing are often made in complete innocence. Not every debtor who finds themselves dealing with a clawback action did anything attempting to defraud the court or their creditors. But unintentional violations of the Bankruptcy Code can still result in clawback actions. The best way to prevent clawback actions is to work with an experienced bankruptcy attorney. You need to be fully transparent with your lawyer and disclose all recent transfers of money or assets. They can help you determine if any actions could be considered fraudulent and how to deal with those issues before you open a bankruptcy case. Veitengruber Law is well-versed in New Jersey bankruptcy law. We understand the intricate complexities of bankruptcy proceedings. In adversary proceedings, clawback actions require different legal skills than in a typical bankruptcy case. Veitengruber Law has experience with bankruptcy litigation. Let us help you protect your assets .

One of the defining differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy is that under Chapter 13, you can keep all of your property. While bankruptcy allows exemptions for specific property based on state or federal guidelines, in Chapter 7 bankruptcy, the trustee will liquidate any non-exempt property to raise funds to pay your creditors. In Chapter 13 bankruptcy, liquidation of assets does not typically occur. Instead, you enter into a repayment plan based on your income and the debt owed. Home equity can be helpful in Chapter 13 bankruptcy—but it can also complicate things. The specific ways your home’s equity can impact your Chapter 13 filing will depend on how much equity you have, how much debt you have, and your income. Veitengruber Law has nearly two decades of experience representing NJ homeowners in bankruptcy cases. We understand how to make your equity work in your favor during bankruptcy. Here is everything you need to know about your home’s equity during a Chapter 13 bankruptcy. Exemptions in Chapter 13 Bankruptcy In Chapter 13 bankruptcy, exemptions are used to calculate the minimum amount the filer is expected to repay to unsecured creditors. Because you keep all your property under Chapter 13, these exemptions are not used to protect assets from liquidation. Instead, they help the courts determine how much of your debts you should be expected to repay. Typically, you will need to repay at least as much as your creditors would get if your assets were to be liquidated. This amount does not include assets protected by exemptions, such as the homestead and wildcard exemptions. The value of any non-exempt property will be used to determine how much you will repay creditors in your 3-5 year repayment plan. This process is known as the “Best Interest of Creditors” test. The federal homestead exemption protects equity in your primary residence up to $31,575. This amount is protected and cannot be used in the calculation of what you owe your creditors. So, if you have $50,000 in equity in your primary residence, the value of $31,575 is protected. This leaves $18,425 in excess of the exemption limit. This means you will have to pay at least $18,425 in unsecured debt back to your creditors. This does not include other non-exempt assets that also have equity, like cars, boats, real estate, and other secured property. So, if you have a lot of credit in your property, or at least credit that exceeds your exemptions, you may end up having to pay back more to your creditors. Exempting the highest amount of equity that you possibly can is the best way to lower your monthly payments. In NJ, you will have the option to choose between using state or federal bankruptcy exemptions. Working with an experienced bankruptcy attorney can help you determine which set of exemptions is better for your specific situation. Funding Your Repayment Plan with Equity After you go through the bankruptcy process and the court determines your repayment plan, you can use your home equity in creative ways to pay off the total amount you owe. Refinancing your home or taking out a home equity loan/line of credit can be options. It is possible to use your home’s equity to pay off your Chapter 13 repayment plan in full, but there are quite a few hoops to jump through. First, because you are under court supervision throughout the entirety of your Chapter 13 repayment plan, you need to receive approval from the court, the bankruptcy trustee, and your lenders to obtain new debt against your home. All parties need to agree that it is in the best interest of all involved to use your home’s equity in this way. Next, you will need to work with your lender to determine your eligibility for refinancing OR a home equity loan/line of credit. Your lender may be wary of approving you for new credit since you are in bankruptcy. You will likely need to work carefully with a bankruptcy attorney to negotiate approval with your lender. If you are able to get approved, you can use the funds to pay off your Chapter 13 plan. Of course, there are risks involved in this plan. Under a Chapter 13 repayment plan, your home is protected from foreclosure and cannot be liquidated to raise funds to repay your creditors. Once you borrow against your home and your equity, however, it is possible to lose your home. Your property will be at risk if you are unable to afford the new loan payments. Alternative Ways to Use Equity If you have significant equity in your home, you may be able to sell your home to raise the funds needed to pay off the bankruptcy plan. Selling your home would also require approval from the bankruptcy trustee. If you are able to get approval and sell your home for more than you owe on your plan, you can pay it off outright and be totally free of your debts. However, you would need to find a new place to live, which can be difficult in the aftermath of bankruptcy. Your credit will be negatively affected, and the bankruptcy will remain on your credit report for 7 years after you file. It may be challenging to get approved for a loan to purchase a new home, or even to rent. Selling your home to get out of debt without a plan for where you will live afterwards can put you in an even more precarious situation. You should take these factors into consideration before trying to use your home to pay off your bankruptcy plan. You should compare the monthly costs for any new loan versus the monthly cost of your bankruptcy plan payments and determine which is more affordable for you. Working with a Bankruptcy Attorney It is always crucial to work with a bankruptcy attorney. Bankruptcy law is complex. With your financial well-being on the line, it is important to explore every available option. A bankruptcy attorney will be able to help you sit down and come up with the best plan to move forward on a better financial footing. Having assets, like equity, should never be considered a negative. Finding ways to make those assets work in your favor can make a huge difference in the outcome of your Chapter 13 bankruptcy. An attorney can also help you protect your assets. Veitengruber Law has experience helping NJ homeowners protect their assets during bankruptcy. In addition to our bankruptcy knowledge, we have experience in debt management, credit repair, and real estate law. We offer holistic solutions to financial challenges that help our clients plan for a brighter future. Call us today for a consultation .

There are many reasons to sell a home. Moving for a new job opportunity, upsizing, downsizing, financial changes, and other major life events can trigger a home sale. The process of selling a home can be expensive, time-consuming, and stressful. From repairs and renovations to staging and home viewings for potential buyers, sellers go through a lot to finally secure a deal and get their home under contract. Most sellers celebrate a successful sale. But what happens when a seller changes their mind after a contract has been signed? Real estate contracts are legally binding agreements. There can be huge legal and financial consequences for backing out of any contract. Sellers could have to pay fines and damages, and even be forced to sell their home anyway. Still, while a seller shouldn’t view backing out of their contract lightly, it is possible. Here, we will look at why—and how—some sellers are able to back out of a contract. When can a seller back out of a contract? There may be many reasons a seller wants to back out of a contract. It can be difficult to leave a place you call home. Some sellers find the emotional distress of leaving a beloved property more real after a contract has been signed. Sellers can also run into logistical issues when selling, such as not being able to find or afford a new residence. In more practical terms, a seller could get a better offer on the property. In terms of protecting yourself, the “why” of backing out of your contract does not matter as much as how you do it. Whether a seller can legally back out of a contract depends a lot on the clauses in the sale contract. These clauses, called contingencies, allow a buyer or seller to exit a purchase agreement under specific conditions. Some common contingencies include: The seller receives a higher offer from another buyer The seller has not secured a replacement home The seller experiences unexpected financial losses The property appraises for more than the buyer has offered The buyer fails to secure funding to purchase the home Contingencies can allow a seller to build an escape plan into the contract from the beginning. However, sellers should be wary and realistic about the contingencies they include. Buyers and their attorneys may be turned off by too many contingencies that favor the sellers interest over those of the buyer. There are other reasons, beyond contract contingencies, that a seller may be able to legally back out of a contract. Those include: Issues With Attorney Review In New Jersey, there is an automatic three-day attorney review period. This phase happens after both parties have signed the contract and lasts three days. During this time, buyers and sellers should have the contract reviewed by a real estate attorney. An attorney will go through the document and note areas of concern or where the contract is in need of revision. They may suggest adding contingencies to protect you in case you need to get out of the contract. You Reach a Mutual Agreement It is very possible that after you explain why you need to back out of the deal, the buyer will understand and agree to let the contract end. While the buyer is not obligated to agree to end the contract, it does not hurt to ask. It is very possible that the buyer, while being disappointed, would understand, depending on the circumstances. Fraud is Discovered If you can prove that the buyer made a fraudulent statement or that you are the victim of a scam, you can cancel the sale and end the contract. For example, a buyer is taking advantage of an elderly seller by offering a low price. In this case, the contract could be canceled for cause. What are the consequences of backing out? Sellers who attempt to back out of a real estate contract without cause can face costly consequences. Typically, real estate contracts are written with language geared towards protecting buyers more than sellers. A seller who goes back on the agreement could end up being sued for breach of contract. After this, the buyer could choose to sue for damages or even sue for ownership of the property. If this issue ends up in court, a judge could order the seller to sign the deed over to the buyer and complete the sale. Judges may also stack on other penalties, like: Returning the buyer’s earnest money deposit, plus interest Reimbursing fees paid by the buyer for inspections and appraisals Paying the listing agent the cost of the lost commission Breach of contract is a civil matter, not a criminal one. So while a seller may have their day in court, they typically do not need to worry about jail time. However, this should not diminish the stark financial consequences of breaching a contract. What are the buyer’s options? If a seller backs out of a contract without cause, buyers have a lot of protections. An experienced real estate attorney will be able to review the contract to determine exactly how it was violated. If the buyer decides to take the issue to court, they can sue the seller for breach of contract. Buyers should note, however, that regardless of the results of the court case, legal action can be expensive and time-consuming. Buyers are well protected, but they are also not guaranteed a satisfying result in legal action. How can a real estate attorney help a seller? The best way to protect yourself as a seller is to work with a real estate attorney from the very beginning. A real estate attorney can work with you to protect your assets and your interests while ensuring you are following the law. Real estate attorneys are experienced contract negotiators. They can recommend clauses, terms, and contingencies in the contract that can protect sellers from becoming in breach of contract. If a seller does want to exit a contract, working with a real estate attorney can help them find the legal path forward. Attorneys are expert negotiators who can work with the buyer to find a mutually agreeable resolution to end the contract. Ultimately, the onus is on the buyer to hold the seller responsible. Many folks are not going to want to worry about a legal battle and will cut their losses and resume the search for a new property. But if a buyer is insistent on a deal, there is not much a seller can legally do to get out of it. Veitengruber Law is an experienced real estate attorney in New Jersey. We help NJ homeowners protect their assets throughout every real estate transaction. Whether you are buying or selling, we offer knowledgeable legal advice for a smooth transaction. We offer contract writing and review, negotiation, title research, closing services, and more. Buying or selling property can be intimidating, but it does not have to be. Veitengruber Law is ready to help you achieve your real estate goals.

Your home is likely your largest asset. As such, being a homeowner plays a significant role in your overall financial health and future financial goals. Homeowners can use their home as collateral to access different financing opportunities, such as taking out a second mortgage on their home. A second mortgage is an additional loan taken against a property that already has an existing primary mortgage. The second mortgage uses the equity in the home as collateral. The equity in a home is the difference between its value and the amount still owed on the property. Many homeowners use the equity in their homes to address financial issues or achieve goals they otherwise would not have the funding for, such as home expansion or remodeling. The decision to tap into your home’s equity is a big one. You need to have a thorough understanding of how second mortgages work and determine if it is truly the better choice over other financing options. How does a second mortgage work? A second mortgage gives you the ability to borrow against the equity you have built up in paying your regular primary mortgage payments every month. As you’ve owned your home, the value of your property has likely increased as well. As your home’s value increases and your debt on the property decreases, you build equity, a powerful asset that can be used for financing opportunities. A second mortgage, otherwise known as a junior lien, is secondary to your primary mortgage. This means if the home were to be foreclosed on, the primary mortgage holder would receive funds to satisfy the debt before the second mortgage lender. Payments for your second mortgage would be made separately from your primary mortgage and would carry their own interest rate and terms. What kinds of second mortgages are there? There are two kinds of second mortgages. Which one you qualify for depends on how much equity you have and your overall financial standing. 1. Home Equity Loan A home equity loan is a fixed-rate loan for a specific amount, paid out in a lump sum and then repaid over a set term. You would calculate how much you can take out as a loan by subtracting your mortgage balance from your home's market value. Most lenders will approve homeowners to borrow up to 80-85% of their home’s equity. They will also consider factors such as your income and credit report to determine how much they are willing to lend. This type of loan is ideal for big, one-time expenses such as debt consolidation, education, or home renovations. 2. Home Equity Line of Credit (HELOC)  A HELOC loan is a revolving loan, like a credit card, except your home’s equity is used as collateral for the loan. This allows you to borrow funds up to a set limit for expenses as needed. HELOC loans typically have variable interest rates. With a HELOC, there is a draw period and a repayment period. During the draw period (typically around 10 years), you can borrow, repay, and borrow again indefinitely as long as you stay below your limit. During this time, you only pay interest on what you’ve drawn. Once the draw period is over, you enter the repayment period. During this time, you cannot borrow more, and you begin paying back the principal and interest over a predetermined term (10-20 years). The variable rate can change your monthly payment significantly over the life of the HELOC. What are the benefits and drawbacks of taking out a second mortgage? Rates for a second mortgage are typically lower, and terms are more favorable than those of credit cards or personal loans. Because a second mortgage uses your home as collateral, lenders are more flexible on other terms of the loan. You can save a lot of money on interest by opting for a second mortgage instead of taking out a personal loan or maxing out a credit card. There are also potential tax benefits to taking out a second mortgage instead of an unsecured loan. In some cases, home equity or HELOC loans are tax-deductible if the money is used to improve, renovate, or purchase a home. This can also help offset the loan's costs. On the other hand, if you fail to make the payments for your second mortgage, you could end up losing your home. Defaulting on your second mortgage can lead to foreclosure and the loss of your home. Also, when you use your equity as collateral, you could end up with less equity if property values drop. You may also face qualification hurdles to get approved for a second mortgage if you do not have a strong financial profile and substantial home equity. The decision to take out a second mortgage is personal. Whether a second mortgage is a good idea for you depends on your specific situation. If you are considering a second mortgage or are having trouble making payments on one, Veitengruber Law can help.

It is common for parents to leave their home to their children in their estate plan. A home is likely to be the largest asset a person has at the end of their life, and it makes sense that parents want to share this asset with their children. Where things get complicated, however, is when a parent leaves property in equal parts to multiple siblings without specifying how it should be divided. This can frequently lead to disagreements. Some siblings may view the property more sentimentally, wishing to live in the home themselves or keep it in the family. Other siblings may view the property as a means of generating income, either by selling the home or setting it up as a rental. Disagreements can arise among siblings dealing with different life circumstances, financial needs, and aspirations. When these disagreements cannot be resolved with compromise, a legal solution may be required to allow all parties to move forward. This is called a partition action. What is a partition action? A partition action is a legal process through which co-owners of a property can divide and distribute the property. This legal recourse is normally taken when co-owners cannot agree on how to manage or utilize the property. A third party, such as a judge, will review the case details and determine how the property should be divided in accordance with legal precedent. The goal is to find a solution that is fair, equitable, and in the best interest of all parties involved. Types of Partition Actions 1. Partition By Sale In this partition, the co-owned property is sold, and the profits are divided among the co-owners. Everyone will receive an equitable share of the proceeds and can use their portion as they wish. There will be no more co-owned property, so the disagreement is resolved as well. The partition by sale can be an issue for siblings who have an emotional attachment to the property, intend to live in it, or are financially dependent on it as a source of income. 2. Partition In Kind This kind of partition physically divides the property among the co-owners. This is more likely to be an option for larger plots of land. Each co-owner receives an equitable share of the property and can use their portion however they want. However, physically dividing the property can decrease its value. It can also make it harder to find buyers if one owner is looking to sell the property. 3. Partition By Appraisal Partition by appraisal involves an appraiser determining the property's value so that one party can pay the other the amount they would receive if the property were sold. This way, one sibling can keep the property and own it outright, while the other sibling (or siblings) receive their fair share now. This can be a great option if the person who wants to keep the property has the means to buy out the other co-owners. Also, depending on the market and how the property is appraised, the sibling keeping the property may have to pay out far more than they want or can afford. On the flip side, if the property is appraised for less, the siblings getting bought out may feel they are getting the short end of the stick. Final Thoughts Taking a family member to court can be a life-altering event. Your relationship may never be the same again. Before you initiate a partition action, consider whether there are any other options to resolve your conflict without taking legal action. Consider if the outcome—even if it is the outcome you desire—is really worth it. Negotiation, mediation, and compromise are typically the best path forward for all. For parents planning to leave property to multiple children, having conversations with your children about your expectations for dividing property can help alleviate any conflicts when you are gone. Veitengruber Law is an experienced estate planning attorney. We work with folks in NJ to ensure their assets are protected during their lifetime and after. We can help you establish an estate plan that minimizes the risk of conflict among your heirs.

While there are more than 370,000 Homeowners Associations in the USA, joining an HOA is not for everyone. While some appreciate the benefits of HOA membership, others find the rules overly restrictive or have no interest in paying the associated fees. If you have found the house of your dreams in an HOA neighborhood, you may be wondering what your options are to avoid joining the HOA. Here, we look at a few scenarios: 1. Voluntary HOAs As the name suggests, purchasing a home or condo in a voluntary HOA community does not require you to join the HOA. Voluntary HOAs typically use their membership fees to maintain common-area facilities such as pools, clubs, tennis courts, and other amenities. If you opt out of the HOA in this instance, you simply would not have access to these amenities—or you would have to pay for every use. Unlike other HOAs, voluntary HOAs do not have the authority to dictate rules about how you keep your property. Similarly, they cannot enforce rules on nonmembers. Voluntary HOAs are typically low-commitment and primarily focus on access to community recreational areas. 2. Mandatory HOAs If you purchase a home in a neighborhood with a mandatory HOA, you must join the HOA. At closing, you will need to sign documents agreeing to abide by HOA rules and pay any fees or fines incurred if those rules are broken. While mandatory HOAs typically also maintain common facilities, they also have a lot of power to enforce rules about the maintenance of your personal property. Rules can range from fines for grass that has grown too high to restrictions on how many lawn ornaments you can have in your front garden bed. If you are considering putting an offer in on a home but do not want to join the mandatory HOA, you may need to find a different property. Work with a real estate agent to find homes not included in an HOA. Getting a home out of an HOA is very difficult because it is legally tied to the property's deed. While it is possible to de-annex a property from an HOA, this process is legally fraught. You would be required to prove the HOA failed its obligations, or get your neighbors to vote to dissolve the HOA altogether. 3. Newly Forming HOA If an HOA is forming in your area, you are not obligated to join. To form a mandatory HOA, the vast majority of your neighbors would have to agree to join the HOA and confirm the terms. You can absolutely opt out of this process if you purchased your home before the HOA was formed. Even if all of your neighbors join the newly formed HOA, you are not obligated to do so unless your deed makes specific mention of the HOA. If you are getting pressure to join a forming mandatory HOA, you have legal rights. Review your property deed and closing documents to determine if there is a mention of an HOA or an obligation to join any future association. Do not sign any new documents, such as a membership agreement, and do not pay any fees or fines if you are not part of the association. A real estate attorney can help you formalize your refusal to join the HOA and ensure your legal rights as a homeowner are upheld. Veitengruber Law is an experienced real estate attorney in New Jersey. We work with NJ homeowners to protect their rights and ensure they are not being taken advantage of. If you have questions about HOAs, reach out to us today.

Gambling is a serious addiction. The surge in popularity of online casinos, betting apps, and digital gambling platforms means the average person can gamble in their living room. Like other addictions, problematic gambling can result in dire problems in other areas of life, including financial health. With a gambling addiction, finding money to place the next bet can cause individuals to accumulate monumental levels of debt. Gamblers may turn to credit cards, personal loans, cash advances, savings, and other funds to maintain their habit, all while stopping payments on other debts. This can quickly snowball into a massive financial problem and bankruptcy. The point of bankruptcy is to provide individuals with protection from creditors and a financial fresh start. One of the biggest benefits of declaring bankruptcy is the ability to discharge some or all of your existing debts. But how does discharge work with gambling debts? Veitengruber Law is an experienced bankruptcy attorney in New Jersey. Here is everything you need to know about gambling debts in bankruptcy. Can gambling debts be discharged in bankruptcy? Generally, debts accrued due to gambling can be discharged through bankruptcy. There are no legal stipulations against discharging gambling debts in bankruptcy. However, in practice, it may be more complicated to discharge gambling debts. In bankruptcy, gambling debts are considered unsecured creditors and will be treated just like credit card debt or personal loans. This means the debt is dischargeable under Chapter 7 bankruptcy. Under Chapter 13 bankruptcy, gambling debts are included in the 3- or 5-year repayment plan, with any remaining debt discharged at the end of the repayment term. In practice, however, gambling debts can raise red flags for the bankruptcy trustee, and judges may be more critical of cases involving bankruptcy debts. Especially in the case of recent or excessive bankruptcy, additional scrutiny is likely to be applied to the bankruptcy petition. It can also lead to additional objections from creditors, potentially resulting in further legal issues. A judge, the trustee, and your creditors could come to the conclusion that you accumulated these debts without any intention of repaying them. The courts have a dim view of those who accumulate massive debt just before declaring bankruptcy. They may even refuse to discharge the debt if they conclude you gambled away borrowed money immediately before declaring bankruptcy. What are some red flags courts look for with gambling debts? In the majority of bankruptcy cases, there is a natural increase in debt or a clear loss of income that has led to financial difficulties. This debt is accumulated over months or even years before the bankruptcy is filed. One of the biggest issues courts have with discharging gambling debt is that it is typically accumulated in a short time just before filing for bankruptcy. It gives the impression that the person filing for bankruptcy had no intention of repaying the debt. Essentially, if the court suspects you of attempting to defraud your creditors, they may deny your request for discharge. Some other reasons for denial include: False Representation: Signing credit markers when you know you do not have funds to cover them or providing false financial information to obtain additional lines of credit is fraud. Evidence of this can result in a denial of discharge. Illegal Gambling: Debts incurred from prohibited gambling activities are generally not dischargeable. Bad Faith Filing: Debts incurred right before filing (60-90 days) without the intention or ability to repay the debt—specifically through credit cards or personal loans—can be seen as abusing the bankruptcy process. If the court determines that you are attempting to use the system to avoid responsibility for your gambling debts, they will deny your discharge. What happens if my bankruptcy discharge is denied due to gambling? If the court denies your bankruptcy discharge, you will remain legally responsible for all debts. It is crucial to note that there are serious, in some cases permanent consequences of receiving a discharge denial during bankruptcy. This includes: Permanent Liability: You will still be responsible for all debts owed at the time of filing. Any debts listed in the denied case are permanently barred from being discharged in future bankruptcy filings. Creditor Actions May Resume: With the denial of your bankruptcy case, the automatic stay period ends. This means creditors can continue their collection attempts, including lawsuits, wage garnishment, and foreclosure. Loss of Assets: If you filed Chapter 7 bankruptcy, the trustee can still liquidate any non-exempt assets to pay back creditors. What are my options after discharge denial? After your bankruptcy discharge is denied, there are still options. You can appeal your case if you believe the denial was based on a legal error or some other issue. You can work with a bankruptcy attorney to file an appeal. If you filed Chapter 7 bankruptcy, it may be possible to convert to a Chapter 13 repayment plan instead. You would need to prove you have the ability to repay your debts under a repayment plan, meaning you need to have enough income to realistically repay debts. That being said, once your bankruptcy discharge is denied, there is not much an attorney will be able to do to help you get a discharge. It is critical to work with a bankruptcy attorney from the beginning, especially if your case includes gambling debts. An experienced bankruptcy lawyer can help you put your best case forward, making it more likely you receive a favorable outcome. How can I avoid these issues? At Veitengruber Law, we understand that not everyone who gets in deep with gambling issues is a bad person looking to defraud the court. Folks trying to turn their life around after a gambling addiction deserve a second chance. If you are filing for bankruptcy after coming to terms with problematic gambling, there is still hope. A show of good faith can go a long way with the courts. The first step is to recognize the problem for what it is and seek professional help if necessary. Stop all gambling activity right away. Depending on the severity of your gambling, you may want to work with a therapist or a reputable program to help give you the resources to avoid gambling in the future. Taking these steps can demonstrate for the court both the severity of the issue and your earnest desire to turn your life around.  Gambling can complicate your bankruptcy case, but it doesn’t mean your case is hopeless. Most bankruptcy debts are dischargeable. Showing the court your genuine interest in developing better financial habits and taking accountability for your past errors can go a long way in securing a discharge. Veitengruber Law can help you get your fresh start.

Home sales were down in 2025—and not because of a lack of aspiring homeowners. Many renters continue to say they would prefer to own if they could afford it. The problem is, most have not been able to over the last few years. A report from CBRE found that only 12.7% of renter households could afford a median-priced home. This is down from 17% in 2019. The NJ housing market has been chaotic since the staggering high-home prices of 2022. The outlook for the 2026 New Jersey housing market is generally optimistic. While most real estate experts are not expecting major shifts in the market this year, those in the know expect better affordability, stabilized prices, growing inventory, and increased sales. 2026 is looking to be a year of rebalance in the real estate market. 2026 Housing Market Trends 1. Increased Affordability Many average folks have been priced out of buying a home over the last few years. The NJ market has been chaotic, with high interest rates, high housing prices, and low inventory, making it a highly competitive market in which many people could not afford to compete. In 2026, real estate experts expect a modest dip in mortgage rates, making financing more affordable. We also expect to see an increase in inventory, giving buyers more options to shop around for a property that is desirable and affordable. 2. More Activity One big expectation for the 2026 housing market is more home sales. As inventory increases and financing costs decline, more buyers will enter the market. Someone who could not afford the 2023 market may see a dip in mortgage rates as a sign that 2026 is the year to buy. Given how unbalanced the market has been, even small improvements in affordability will open the door to more home sales. Zillow reports that it expects home sales to increase by 4.3% in 2025. Increased activity is expected across buyer types, from first-time homebuyers to growing families looking to upgrade or retirees ready to downsize. As more homes hit the market and buyer demand increases, previously reluctant sellers may feel more confident about selling. 3. Slowed Price Growth The home price appreciation rate has dropped significantly from pandemic-era rates. In 2022, the home appreciation rate was 15-20% nationally. For 2026, a home appreciation rate of 1-4% is expected. This slower, steadier growth allows for real estate prices to stabilize. This isn’t the red-hot sellers market of a few years ago. Instead, we are working with a more balanced market. Advice for Buyers and Sellers So, what does this mean for buyers and sellers? In 2026, buyers have a lot to be optimistic about. Increased affordability gives buyers the opportunity to explore more real estate options. Instead of just focusing on affordability, buyers have a little more wiggle room to focus on value, condition, location, and aesthetics. Still, buyers need to remember this is still a competitive seller’s market. Prospective buyers need to remain strategic in accomplishing their real estate goals. Getting pre-qualified can help buyers move quickly and decisively to secure a good deal when they see one. While sellers have lost a bit of their power over the last few years, 2026 is still a seller’s market. Increased activity means more buyers on the market to purchase your home—and hopefully results in less time your property sits on the market. To be successful in 2026, sellers need to focus on strategic home pricing. Price growth is slowing. Sellers need to work with experienced local realtors to determine a price that attracts buyers while still netting the seller a good return on their investment. While price growth has slowed, sellers are still profiting from high sales prices. One way to ensure you get top dollar for your property is to present it in the best possible light. Spend some time investing in the aesthetic appeal of your property. What about renters? Rent affordability is expected to get better in 2026. Median-income households spent, on average, 27.2% of their household income on rent in October 2025. This is the lowest figure since August 2021. Multifamily rents are only expected to rise 0.3% in 2026. This gives households a chance for their income to catch up to the cost of renting.  Veitengruber Law is an experienced NJ real estate attorney. We work with NJ homeowners to achieve their real estate goals while protecting their assets and getting the best deal. From contract negotiation to title research to closing, we are with you every step of the way.

Chapter 13 bankruptcy, otherwise known as a “wage earner’s plan” or “reorganization” bankruptcy, allows you to reorganize your debt into a more realistic repayment plan. You can file for Chapter 13 bankruptcy if you have a regular income and can develop a plan to repay all or part of your debt over a period of three to five years. Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy allows you to maintain ownership of your assets. Chapter 13 can be a beneficial way to stop collection efforts, including foreclosure or repossession. Once you and the court agree on a repayment plan, you will be expected to make a monthly payment that is manageable with your income. If you can make all your monthly payments on time and in full for the duration of your repayment plan, any remaining debt will be discharged at the end of your repayment term. Chapter 13 repayment plans typically offer smaller monthly payments and better interest rates than the original terms of the debts. This way, you can pay less money overall on your debt. One powerful tool of Chapter 13 bankruptcy is the “cramdown.” The cramdown allows a debtor to reduce the secured balance of specific loans to the fair market value of the collateral. The remaining debt amount above the fair market value is often discharged at the end of your Chapter 13 repayment plan. Veitengruber Law works with NJ residents to get out from under unmanageable debt through bankruptcy. We have helped many folks utilize the cramdown to keep their car, secondary house, and other property. Here, we explore how the Chapter 13 bankruptcy can help you. How does the cramdown work? The basic idea behind the cramdown is to ensure you pay a fair market price for your property. The cramdown adjusts the amount of debt owed to align with the actual value of the secured asset. For example, suppose you owe more on a car than it is actually worth. In that case, the cramdown can allow you to reduce the amount owed on your auto loan to the vehicle’s market value. This amount will be rolled into your Chapter 13 repayment plan. The remaining balance then becomes unsecured debt. Once you have completed all the payments in your repayment plan over three or five years, the remaining unsecured debt can be discharged. The cramdown not only reduces your monthly payments, but it also reduces the amount you will pay overall. Many folks use the cramdown to pay back car loans. For example, let’s say your car loan balance is $20,000. In a fair-market-value analysis, your car is only worth $12,000. Chapter 13 bankruptcy will allow you to cram down your loan to the car’s actual value of $12,000. The remaining balance of $8,000 will be included in the unsecured debt balance, such as credit cards and personal loans. Once you have completed your repayment plan, these unsecured debts are often discharged. This means you will only pay a fraction of the unsecured debt you owe. Meanwhile, because you paid back the actual value of your car, you will own it free and clear at the end of your Chapter 13 bankruptcy. What debts are eligible? Not all debts qualify for a Chapter 13 cramdown. The cramdown applies to specific types of secured debts, but not all secured debts are eligible. Car loans are the most common debts that can be subject to cramdown. However, your vehicle must have been purchased at least 910 days (two and a half years) before filing for bankruptcy. Other personal property purchased with financing, such as furniture or appliances, may be eligible if purchased more than 365 days before filing for bankruptcy. The 910-day rule for car loans and the 1-year rule for other personal property are federally mandated restrictions designed to prevent folks from cramming down recent, expensive purchases. Unsecured debts cannot be crammed down. Can I cram down my mortgage? Investment properties or secondary properties can also qualify for cramdown, but primary residences do not. Many NJ courts will expect debtors to pay off the full debt owed on secured property. While this expectation may be realistic for personal property like appliances or furniture, it can be incredibly challenging to repay the fair market value of an investment property in three or five years. Even a crammed-down mortgage can total tens of thousands of dollars. Attempting to pay back this amount of debt in three or five years typically results in one of two scenarios: At the end of your Chapter 13 repayment plan, you will be left with a balloon payment for the balance of your mortgage. For the average person, this balloon payment would be an unmanageable financial burden, especially coming out of bankruptcy. Bankruptcy courts understand the impracticality of this result. They will not allow you to end up in this situation unless you can prove that you would be able to pay off the balloon payment. Including the mortgage on your investment property would make your monthly bankruptcy payments so high that you would be unlikely to be able to make them. If you are going through bankruptcy, you are likely doing so to lower your monthly payments. Because of these potential issues, most people opt not to cram down their mortgage for investment properties. However, for folks who have the means, a mortgage cramdown has a couple of benefits, including: A lower interest rate: The bankruptcy court will determine your cramdown interest rate once you file for Chapter 13. Typically, the interest rate set by the court will be the prime rate plus a few points. This is usually much lower than the interest rate from the original loan. You can use this to your advantage and avoid paying high-interest rates. This helps lower the total amount you pay for your property. No deficiency: Bankruptcy is the single most powerful tool you have to avoid foreclosure on your property. During foreclosure, your lender will try to sell your property for the amount still owed on your loan. However, if you owe way more than the fair market value of your property, your lender may end up selling the property for less than you owe. In some cases, you may have to pay your lender the difference between what you owe and what the property has sold for. This amount is called the deficiency. If you can cram down your mortgage, you will not be liable for the amount of debt that is no longer secured if the property is foreclosed and sold. The unsecured amount of the loan is typically about equal to the deficiency. This means you will not be responsible for repaying your lender for this debt. You will, however, lose the property in this situation.  Veitengruber Law is an experienced NJ debt relief legal team. Our bankruptcy attorney helps people utilize all the tools available through bankruptcy to avoid foreclosure, halt collection efforts, and minimize further financial issues. If you are considering Chapter 13 bankruptcy, we can help.