Duggan Discusses Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

sstark on May 31, 2005

flag.gifIn the May 20th edition of the Philadelphia Business Journal Timothy Duggan, Chair of Stark & Stark’s Bankruptcy & Creditor’s Rights group, discussed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. In the article, Mr. Duggan questions how the state of the economy will factor into the passage of this new law and predicts an initial downturn in the credit-card industry as a result of a spike in consumer filings prior to the new law’s effective date.

Reader interactions

2 Replies to “Duggan Discusses Bankruptcy Abuse Prevention and Consumer Protection Act of 2005”

  2. Timothy P. Duggan June 27, 2005 at 12:08 pm

    Dawn,

    We are not allowed to give advice over the internet, but I can provide you with some basic information on bankruptcy law. To lift the bankruptcy stay, you need to file a written motion with the court and give 20 days notice. You must have an affidavit attaching the lease and stating that rent is not being paid. In terms of the hearing date, you can get your specific judge’s hearing dates at the court’s website which is located at http://www.njb.uscourts.gov.

    In a Chapter 7 case, a Trustee is appointed. You can try calling the Trustee and inquire about entering into a consent order to have the bankruptcy stay lifted. This is a short cut!

    Once the bankruptcy stay is lifted, you go back to state court for an eviction proceeding. You can contact your County court and get information on how to file a landlord-tenant case.

    Hope this overview helps.

Comments are closed.