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As a trusted law firm and bankruptcy attorney in Monmouth County for over a decade, Veitengruber Law works with many folks who are unsure if bankruptcy is the right choice. The reluctance to file for bankruptcy is often two-fold. There is a taboo surrounding bankruptcy that frequently leads individuals to avoid filing until their financial situation is dire beyond repair. Even when bankruptcy is considered, people can hold off on filing because they believe they will lose all their property and assets through the bankruptcy process. This is simply untrue; in fact, both state and federal laws are in place, outlining specific exemptions that allow bankruptcy filers to exempt particular property from the bankruptcy estate.  Exemptions in bankruptcy allow you to keep the essential personal property you need to work and live. The decisions you make about which property to exempt are individual and will vary from person to person, depending on your goals and financial situation. Here is what you need to know about bankruptcy exemptions in New Jersey. Choosing Federal or State Exemptions In New Jersey, you have the choice to use one of two different sets of exemptions: State or Federal. Each offers a unique path to protect your personal property and assets. To make an informed choice, you must understand the differences between these exemption statutes. NJ Bankruptcy Exemptions: New Jersey’s exemptions generally do not protect as much property as federal exemptions. Still, depending on your specific goals, it may be the right option for you. NJ bankruptcy exemptions include: Personal Property Exemptions: this includes clothing, burial plot, stocks and interest in corporations, $1,000.00 for furniture and household goods Public Benefits: workers’ compensation, unemployment compensation, Social Security, veterans’ benefits, disability assistance, and crime victims’ compensation Pensions for Public Employees Federal Bankruptcy Exemptions: Federal exemptions offer much more protection for NJ residents who file for bankruptcy. These include: Homestead Exemption: $27,900 for individuals, $55,800 for spouses who co-own property Motor Vehicle Exemption: up to $4,450 Tools of the Trade Exemption: up to $2,800 in tools and equipment required for work Wildcard Exemption: $1,475 to be used however the filer desires OR up to $13,950 if the homestead exemption is unused Personal Property: $700 per item, $14,875 total for animals, crops, clothing, appliances, furnishings, books, household goods, and musical instruments; jewelry up to $1,875 Public Benefits and Retirement Accounts: personal injury recoveries up to $27,900, wrongful death recoveries, alimony or child support, tax-exempt retirement accounts, IRA/Roth IRA accounts up to $1,512,350 Because federal exemptions typically allow individuals to protect more of their property, most opt to utilize them. However, you should not automatically opt for either state or federal exemptions without first discussing your options with an attorney. Bankruptcy is never a one-size-fits-all solution for everyone. Different individuals will benefit from different options within the bankruptcy process. Working with an experienced NJ bankruptcy attorney will help you to make informed choices and protect your assets. Who is Eligible for State Bankruptcy Exemptions? There are specific rules in place regarding who is eligible for specific state exemptions. Some states offer better opportunities for exemptions than others. Because of this, it may be tempting to relocate to a state with more favorable bankruptcy exemptions; however, some rules prevent this kind of strategic moving. To determine if you are eligible for certain exemptions from a specific state, the rules are: IF you have lived in your current state for at least two years, you are allowed to use that state’s exemptions. IF you have moved within the last two years, you are eligible for the exemptions from the state in which you lived the longest during the 180 days immediately before the two years before filing. You might be thinking: WHAT? It can be a bit confusing, so we will look at this through an example. Let’s say you plan to file for bankruptcy in New Jersey on January 1, 2026 . The two-and-a-half-year period you are considering would begin on July 1, 2023. Whatever state you resided in for the majority of the days between July 1, 2023, and December 31, 2023, is the state’s exemptions you are allowed to use. While you will not have to file your case in that state, you can use that state’s exemptions. Property That Cannot Be Exempted in NJ Bankruptcy Depending on the type of bankruptcy you file, you may lose property not covered by an exemption. The bankruptcy trustee can sell any non-exempt property to pay back your creditors. Here are the exemption differences between Chapter 7 and Chapter 13 bankruptcies: Chapter 7: When you file for Chapter 7 bankruptcy, your assets enter into a bankruptcy estate. Assets from this bankruptcy estate can be sold to pay off debts to your creditors. If the property or asset falls under one of the state or federal exemptions, you can protect it from being sold. Chapter 13: If you file for Chapter 13 bankruptcy, you can keep all your property. The bankruptcy court will not take your property to pay back your creditors. Instead, you must pay your creditors back the value of any property not covered by an exemption. This payment will be included in your Chapter 13 repayment plan and will be paid over a period of three or five years. For example: Let’s say you own a car outright. This car is worth $3,000. You decide to use the federal motor vehicle exemption of $4,450. If you decide to file for Chapter 7 bankruptcy, you will be able to keep your car because the exemption protects the equity of the vehicle. If you file for Chapter 13 bankruptcy, you will not have to pay your creditors through your repayment plan, as the full equity of your vehicle is protected. But let’s change the example and say your vehicle is owned outright and worth $15,000. When filing Chapter 7 bankruptcy, the bankruptcy trustee would sell your vehicle, give you $4,450 for the exemption, and distribute the remaining funds from the sale to your creditors. However, if you file Chapter 13, you would need to pay your creditors at least $10,550 through your plan. How Do I Protect Financed Property in NJ? You cannot use bankruptcy to discharge a home mortgage loan or a car loan and keep the property without paying for it. If you still owe a balance on your loan, you must pay as initially agreed upon to prevent foreclosure or repossession of the property. How secured debt is managed under bankruptcy again depends on which chapter you file under: Chapter 7: While Chapter 7 bankruptcy can allow you the time to sort out your payments and get caught up on your mortgage, no mechanism within Chapter 7 allows you to catch up on or cure your past-due payments for secured debts. Your mortgage or car payment must be up to date to maintain the property. Otherwise, you risk losing it. Chapter 13: You will not lose property under Chapter 13 bankruptcy. However, the judge will only approve your repayment plan if you can prove you make enough money to continue making monthly payments AND repay any late payments by the end of your three- or five-year plan. Bankruptcy exemptions can be complex and confusing. Exemption laws are also constantly changing, so it is crucial to the success of your bankruptcy that you work with an experienced attorney. Veitengruber Law has been assisting individuals in filing for bankruptcy in Monmouth County for over a decade. We can help you make informed choices to get your finances back on track.

Many people believe that after they create a will, their estate planning is complete. And while estate planning involves more than just a will , even your will needs to be updated regularly. Most estate planning attorneys will recommend a periodic review of your plan to ensure that it is up-to-date and still reflects your wishes. A cursory review every two years, with a more in-depth review every five years, is a standard that should account for the life changes that occur over time. However, certain circumstances necessitate a more prompt review of your estate plan. Veitengruber Law is an experienced law firm and will lawyer in Monmouth County, New Jersey. For over a decade, we have worked with individuals, couples, and families in NJ to create effective estate plans. As the circumstances of your life change, your will needs to reflect those changes so that it can continue to legally and financially benefit you and your loved ones. Here are some circumstances that should prompt you to revisit and revise your will: 1. Marriage Marriage holds deeply personal relevance for the couple involved, but it also has a very real legal and financial impact. Marriage is a legal contract between two people that creates mutual, legally binding obligations and responsibilities. In the realm of estate planning, this typically means your spouse will become entitled to your estate in the event of your incapacitation or death. In New Jersey, your spouse is generally entitled to one-third of your estate. Without a will, the remaining assets will be distributed to other relatives based on NJ inheritance laws. When you get married, it is crucial to update or create a will with your new spouse in mind. You will be able to designate exactly how much of your estate should pass to your spouse. Leaving a specific portion of your estate to your spouse in your will can legally override the inheritance proportions set out by NJ. Whether this is your first marriage or a later-in-life marriage, updating your will to reflect your wishes for your spouse can ensure they are protected in the future. 2. Divorce Just like it is crucial to update your will following marriage promptly, it is equally important to update your will following a divorce. In marriage, you likely had your spouse listed in a position of prominence in your will and general estate plan. In divorce, your wishes for your ex-spouse may have changed. If your former spouse is recorded as a beneficiary, an agent in a power of attorney, or as the executor of your will, you will want to make quick changes to your will post-divorce. Doing this in a punctual manner can prevent your ex-spouse from having any control over or access to your estate if you become incapacitated or pass away. 3. Death The death of a family member or loved one can also require changes to your will. If a beneficiary or executor passes away, you need to account for how that loss impacts the future of your assets. For example, suppose your spouse was listed as your executor and the sole beneficiary of your estate. If s/he precedes you in death, you will need to designate a new inheritor for your assets. This is also true for the death of other beneficiaries or essential actors in your estate plan. The unexpected death of a loved one can drastically change your plans for the future and should prompt the updating of your will. 4. Having Children As soon as you have a baby, adopt a child, or become the legal guardian of a child, you need to update your estate plan. It is especially critical to account for minor children in your will. Not only will you be considering the financial security of your minor dependents, but you will also be considering who should care for them if you are disabled, incapacitated, or pass away. Without explicit instructions in your will, these decisions will be left up to the state. Pre-selecting a guardian that you trust for your minor children can give you peace of mind that no matter what happens, your kids will be cared for. If you have children with multiple spouses, have adopted children from your spouse’s previous relationship, or have other less straightforward connections with dependents, it is vital to work with an experienced attorney. New Jersey estate law does not cover the detailed complexities of our lives, but your will can when you work with a skilled lawyer. 5. Moving to a New State If you move into or out of New Jersey, you will need to update your estate plan. When you draft a will in any US state, it is created under the laws of that state. New Jersey will have different estate planning laws than other states. Any state-specific aspects of your will should be addressed if you move to a new state, especially when it comes to estate taxes. Moving to a new state can also change your designations for executor, power of attorney, or medical proxy, since previously listed individuals may no longer live in proximity to you. 6. Disability If you or a loved one receives a diagnosis of a long-term disability, it may require you to update your will. Creating a will with a disability in mind can look quite different from making a will when everyone involved is reasonably healthy. For yourself, receiving a difficult diagnosis or becoming disabled may change the way you look at the future. You should nominate a power of attorney and a medical proxy that you trust to follow your wishes. Your wishes for medical intervention or end-of-life care may change over time. Considering these things immediately after a diagnosis can help you and your loved ones prepare for any future challenges that may arise.  Alternatively, if your spouse or beneficiary receives a diagnosis of disability, it may change the way you think about the distribution of your assets. Suppose your spouse gets an Alzheimer’s diagnosis, for example. In that case, it is advisable to remove them from the position as executor of your will since they will likely be unable to carry out those responsibilities in the future. If a beneficiary is or becomes disabled, you can adjust your will to account for their needs. There are numerous financial implications when working with beneficiaries who are eligible for or receive government assistance due to their disability. Inheritance can complicate access to Medicaid and other assistance programs. Working with a knowledgeable NJ attorney to establish a trust for these individuals can ensure they are financially provided for from your estate while allowing them to maintain access to assistance programs and benefits. Estate planning can be a daunting and intimidating process. No one likes to think about what should happen in worst-case scenarios. However, working with an experienced estate planning attorney, like Veitengruber Law, ensures a smooth experience. We do our job with compassion, expertise, and over a decade of practiced knowledge of New Jersey estate law. Reach out to us before you make any changes to your will. We can help you make the right choices to prepare for your future.

A sheriff’s sale is a type of foreclosure auction. Properties are entered into a sheriff’s sale after a judge legally orders the sale of a property to satisfy legal judgments against the current owner of the property. If you are seeking a legal foreclosure defense attorney, Veitengruber Law is ready to assist you. With over fifteen years of experience helping New Jersey homeowners save their homes from foreclosure, we know it is possible to save your home—even after it is sold at a sheriff’s sale. Veitengruber Law offers legal solutions to help you save your home. Here are some of the common questions we answer for folks facing the loss of their home through a sheriff’s sale.  What happens at a sheriff’s sale? At a sheriff’s sale, members of the public can bid on the property, often sold in “as-is” condition. Attendees will be free to make competing bids on a property. The highest bidder wins the right to purchase the property, typically with a percentage of the bid, immediately after the auction closes. Proceeds from the auction are used to pay mortgage lenders, lienholders, tax collectors, and other creditors who have incurred losses on the property. How can I save my home after it is sold at a sheriff’s sale? Finding out your home has been sold at a sheriff’s sale can feel like the end of the line. But even after your home is sold at auction, you still have homeowner rights and legal recourse. NJ Right of Redemption Under NJ foreclosure law, a homeowner has the right of redemption for ten days after the sheriff’s sale. The right of redemption allows homeowners to maintain ownership of their property if they can pay the full amount due on the foreclosure judgment, plus the costs of the sale. If the homeowner can make this payment before the ten-day period expires, they will be able to keep their home. During these ten days, homeowners also have the right to file written objections against the sale with the court. Your objection must contain a valid argument that the sheriff’s sale is invalid. An attorney can look at your case and help you determine if there are any grounds to object to the sheriff’s sale. Additionally, you can use these ten days to file for bankruptcy. When you file for bankruptcy, your estate enters into the automatic stay period. During this time, other court proceedings pause. The NJ Bankruptcy Code provides homeowners facing foreclosure with an additional 60 days to cure the defaulted mortgage. If you can come up with the money required to pay off the foreclosure deficiency during these 60 days, you will be free to maintain ownership of your home. Reopening a Foreclosure After your home has been sold at a sheriff’s sale, your mortgage creditor will go to the court to obtain a deficiency judgment against you. This deficiency judgment will be used to ask for payment from you for the difference between what you owed on the property and what the property actually sold for at the sheriff’s sale. This reopens the foreclosure. When the foreclosure is reopened, you have the opportunity to file an application with the court to redeem the property. This application of redemption must be filed within six months of the entry of the deficiency judgment. Redeeming the property will involve paying the full amount due in the foreclosure judgment, along with interest and any expenses incurred by the purchaser. How can Chapter 13 Bankruptcy Help? Besides the obvious benefits of the 60-day pause on foreclosure proceedings, Chapter 13 bankruptcy can be a more affordable path towards clearing your defaulted debt. While it may be challenging for homeowners facing foreclosure to come up with a lump sum of money to cure their defaulted debt, they may be able to afford a repayment plan. Chapter 13 allows you to repay your mortgage arrears through a monthly repayment plan lasting either three or five years. Catching up on your past-due payments over time can make repayment more realistic. To get a repayment plan approved, you will need to prove you can make the monthly bankruptcy repayment plan payments. Chapter 13 also presents the opportunity for you to apply for a loan modification with your mortgage lender. While you may have been denied a mortgage modification previously, applying for one during bankruptcy allows you another shot at modification – this time with court supervision. This added oversight can improve your chances of getting your modification approved. Need help to save your home after a sheriff’s sale? Veitengruber Law has the experience and knowledge you need to save your home. Just because your house has been sold at a sheriff’s sale doesn’t mean you are out of options. We can help you protect your homeowner rights and stay in your home.

New Jersey experienced a significant increase in foreclosures in 2025. Cost of living increases, high housing prices, and a stagnant job market have led many NJ individuals and families to struggle financially this year. In response to this, scammers and other malicious actors are increasingly emerging. Folks struggling with unmanageable debt may be tempted by scams promising quick relief and easy answers. As a debt relief law firm in Metuchen, NJ, Veitengruber Law can help you find legitimate, legal, and practical solutions to debt. The NJ Department of Banking and Insurance is warning residents of an increase in ads, direct-mail solicitations, and other seemingly legitimate marketing ploys targeting NJ consumers. While these businesses and companies may make big promises about loan modification and debt relief, those promises are often empty. Here are some things all NJ consumers should know to avoid falling into a long modification scam: 1. What is a loan modification? A loan modification is when a lender and a borrower agree to change the terms of an existing loan to make the payments more affordable, allowing the borrower to avoid default or repay past-due debt. This can be achieved by extending the loan's term, adjusting the loan's interest rate, or even forgiving a portion of the loan. Under NJ law, loan modification falls under the category of "debt adjustment." A" debt adjuster" is a person who acts as an intermediary between a debtor and a creditor for the purpose of altering terms of payment, OR who receives money or other property from the debtor and provides it as payment to the creditor. 2. Who can be a debt adjuster? NJ law is very clear about who is legally allowed to be a debt adjuster. That includes: The lender or owner of the loan The loan servicing company An individual or entity licensed by the Department as a Debt Adjuster Other entities exempt from debt adjuster licensure, like nonprofit social services agencies or nonprofit consumer credit counseling agencies Unless a business falls under one of the above categories, it is not a legitimate debt relief service, regardless of how it presents itself. 3. What can happen with loan modification scams? Folks who seek the services of dishonest debt relief companies can find themselves in a worse position. Many of these companies require a substantial investment up front without providing a clear return on that investment. Victims of debt relief and loan modification scams can experience some dire financial and legal consequences, including: Payment and loss of exorbitant upfront fees with no legitimate services in return Loss of precious time during time-sensitive default or foreclosure processes Loss of title to home or other property without benefit Significant damage to the credit report and credit score 4. Who can I trust with a loan modification or debt relief? If you are struggling with your mortgage or other debts, working with an experienced New Jersey debt relief attorney, such as Veitengruber Law, is a wise choice. Veitengruber Law is knowledgeable of NJ consumer laws, foreclosure defense, bankruptcy law, and debt relief solutions. We can provide direct legal representation and are bound by strict professional and ethical guidelines. We are skilled negotiators with over a decade of experience working with lenders.  Metuchen debt relief law firm Veitengruber Law can help you protect your legal rights as you work through unmanageable debt. We are transparent with our fees and our process. Our goal is to give our clients the knowledge and self-confidence to make informed decisions about their financial future.

Bankruptcy offers a new financial start to individuals struggling with overwhelming debt. But not everyone who files for bankruptcy gets this fresh start. It is increasingly common for individuals filing for Chapter 7 bankruptcy to have their petition denied before their case can even begin. We live in a culture of DIY. And while a do-it-yourself attitude can save you money when it comes to small house projects or crafting, it isn’t exactly the best approach to bankruptcy. Veitengruber Law is an experienced Chapter 7 attorney in Monmouth County, NJ. We have been helping NJ residents get a Chapter 7 discharge for over a decade.