Bankruptcy

Milstead & Associates, LLC attorneys have represented the rights of national lenders and servicers throughout New Jersey and Pennsylvania in bankruptcy issues for more than a decade. We offer extensive experience in Chapter 7, 11 and 13 bankruptcy proceedings. A bankruptcy filing is never good news – for the individual or the lending institution – but through adept and assertive representation property and materials can be recovered and losses can be minimized.

Our firm is well equipped to handle the tumultuous and often unpredictable situations that arise in bankruptcy proceedings. Our attorneys and legal staff offer a wealth of knowledge with regards to motions for relief, claims litigation, valuation of collateral and contested matters such as objections to confirmation in Chapter 7 and 13 cases. We also have significant experience in adversary proceedings to determine the discharge ability of debts, preferences and fraudulent conveyances.

Bankruptcy

  • Chapter 7
  • Chapter 11
  • Chapter 13
  • Objections to Plan Proofs of Claim
  • Adversary Actions

NEW JERSEY (uncontested) Timeframe
MOTION FOR RELIEF

  • Motion for relief referral received
  • Prepare and file motion with bankruptcy court
  • Serve all parties with motion via regular mail 20 days before hearing date of motion
  • Attend hearing; await return of Order of Relief
  • Serve Order upon parties within seven days
  • Resume foreclosure based on Order of Relief

Pennsylvania (uncontested) Timeframe
MOTION FOR RELIEF Eastern District

  • Motion for relief referral received
  • Contact courtroom deputy for hearing date
  • Prepare and file Motion for Relief with assigned date 15th day prior to scheduled hearing, confirm no answer filed
  • File Certificate of No Response, await Order from the Court
  • Resume foreclosure based on Order of Relief

Pennsylvania (uncontested) Timeframe
MOTION FOR RELIEF
Middle⁄Western District

  • Motion for relief referral received
  • Prepare motion
  • Obtain Scheduling Order with response date and hearing time
  • Serve Order with Response date on all required parties
  • After expiration of 20th day for scheduling Order, file Motion for Default
  • Await Receipt of filed Order for Relief
  • Resume foreclosure based on Order of Relief