Debt Collection



Our New Jersey attorneys represent creditors in debt collection matters brought in the United States District Court for the District of New Jersey. Generally, federal court jurisdiction is limited by the dollar amount of the damages sought. In order to bring a debt collection lawsuit in federal court the amount of the claim must be at least $75,000. 

Our federal court collection practice extends to:

  • Promissory note lawsuits
  • Asset repossession
  • Commercial accounts receivable
  • Creditor representation in bankruptcy proceedings
  • Bankruptcy preference and avoidance actions filed by debtors and trustees
  • Fraudulent conveyances of real estate and other assets
  • Injunctions & actions for emergent relief
  • Judgment Enforcement on judgments entered in other states and countries against businesses and individuals located in New Jersey
  • Trade debt and accounts receivable

 

Judgment Enforcement

In addition to handling the initial filing of collection claims in federal court, our experienced New Jersey debt collection lawyers  also assists creditors in enforcing federal court judgments against businesses and residents who have assets or property located in New Jersey.

Defending Fair Debt Collection Practices Act Claims

The federal courts are the forum to decide cases prosecuted under the Fair Debt Collection Practices Act (FDCP), a federal law designed to protect consumers from abuse by debt collectors. LoFaro & Reiser represents defendants sued for violating the FDCP. 

Bankruptcy Court Representation

For more than 25 years our New Jersey lawyers have represented creditors in federal bankruptcy court proceedings throughout the three district Bankruptcy Courts in New Jersey – Camden, Newark, and Trenton.

The types of bankruptcy court matters our attorneys routinely handle include:

  • Defending trustee claw back claims: Appearing in adversary proceedings to defend bankruptcy preference and fraudulent asset transfer claims.
  • Deposition appearances: Defending witnesses in depositions issued in the context of bankruptcy court adversary proceedings.
  • Bad faith dismissals: Prosecuting motions to dismiss Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases for bad faith/abuse of the bankruptcy process.
  • Lien avoidance defense:  Defending actions brought by debtors and bankruptcy trustees to avoid judicial liens held by judgment creditors.
  • Objections to discharge of debt: Prosecuting adversary proceedings against consumer debtors to object to the discharge of certain types of creditor claims predicated on fraud.
  • Relief from automatic stay motions: Representing secured creditors such as lenders, financial institutions, automobile finance companies, equipment lessors, and factoring companies in motions for relief from the automatic stay to prosecute or resume litigation to recover collateral.
  • Settlement agreements: Negotiating settlement agreements with debtors and trustees in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases.
  • Subpoenas: Assisting businesses and individuals in responding to subpoenas issued by debtors and bankruptcy trustees, including filing motions to quash and/or limit subpoenas.

 

Need assistance with a federal court collection matter or bankruptcy court representation?  Contact our New Jersey law firm to discuss your case. 

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