Archive for the ‘Blog’ Category

When Bankruptcy Stops Evictions: What Renters Need to Know

Falling behind on rent can be terrifying, especially if you’ve received an eviction notice or court date. Many renters in Philadelphia and South Jersey wonder: Can bankruptcy stop my eviction?

The short answer? Sometimes. But timing and legal status matter.

Here’s what you need to know:

  1. Bankruptcy triggers an “automatic stay,” but it’s not a magic shield.

When you file for bankruptcy, the court issues something called an automatic stay. This temporarily stops most collection actions, including:

  • Lawsuits
  • Wage garnishments
  • Utility shut-offs
  • And in many cases, evictions

But the stay doesn’t erase your rental debt, and it doesn’t apply in all eviction situations.

  1. If your landlord hasn’t filed for eviction yet, bankruptcy may buy you time.

Filing for bankruptcy before your landlord files an eviction case can pause any efforts to remove you. This can give you valuable breathing room to catch up on rent or negotiate a payment plan.

In a Chapter 13 bankruptcy, renters may even be able to propose a structured repayment plan that includes back rent, allowing you to stay in your home while getting current over time.

  1. If an eviction judgment is already issued, it’s harder but not impossible.

If your landlord already has a court judgment for possession, the window of protection narrows. In many cases, the landlord can still move forward unless you take extra steps.

Under federal law, you may be able to stop the eviction if you:

  • File bankruptcy quickly
  • Certify that you can pay the full amount of past-due rent within 30 days

This is complex, and timing is critical. That’s why it’s vital to speak with an experienced bankruptcy attorney as soon as possible.

  1. Bankruptcy doesn’t erase your obligation to pay future rent.

Even if you’re protected temporarily, you’ll still need to pay rent going forward. Falling behind again could restart the eviction process. Bankruptcy can give you a second chance, but keeping your home requires staying current from that point on.

  1. We can help you understand your rights and your options.

At Reinherz Law, we’ve helped renters across Philadelphia and South Jersey find relief through bankruptcy. Whether you’re behind on rent, credit cards, or other bills, we offer flat-fee services and honest advice on what filing can and can’t do.

You don’t have to face this alone. We’ll walk you through your options and help you make the best decision for your situation without judgment.

Take Control Today

If you’re at risk of eviction and considering bankruptcy, contact us now. The earlier you act, the more options we can preserve.

How Does Bankruptcy Impact Security Clearance or Professional Licenses?

For many people in Philadelphia and South Jersey, the fear of bankruptcy isn’t just about money. It’s about their career. Nurses worry about their licenses. City employees worry about their jobs. Contractors worry about bonding. People with security clearances fear losing everything. These concerns are understandable, but in most cases, they’re based on myths, not reality.

The Big Picture

Bankruptcy is a federal legal process, not misconduct. It is not fraud, unethical behavior, or a disciplinary finding. For most licensed professionals and government employees, filing for bankruptcy is far less risky than remaining buried in unmanaged debt.

Nurses and Healthcare Professionals

Filing for bankruptcy does not suspend, revoke, or discipline a nursing or medical license in Pennsylvania or New Jersey. Licensing boards focus on patient safety, competence, and ethics, not your personal debt. Medical bills, credit card debt, or income disruptions are common among healthcare workers and do not jeopardize licensure. Issues that affect licenses involve criminal conduct or patient care violations, not bankruptcy.

City Employees and Government Workers

Bankruptcy filings are public records, but employers are not automatically notified. Most city and municipal employees do not have to report bankruptcy to HR and do not face discipline. If wages aren’t being garnished, which is often the case, an employer may never be involved at all.

Contractors and Tradespeople

Contractor licenses in PA and NJ are generally not revoked due to bankruptcy. Licensing agencies care about insurance, compliance, and work quality, not consumer debt. Bonding companies sometimes review credit, but unresolved judgments, lawsuits, and financial chaos are often more damaging than a completed bankruptcy. In many cases, bankruptcy actually improves bonding prospects by clearing judgments and stabilizing finances.

Security Clearances

Bankruptcy alone does not revoke a security clearance. Reviewers focus on financial responsibility and risk. Unmanaged debt, judgments, and garnishments raise red flags because they suggest vulnerability more than bankruptcy. Taking legal action to resolve debt is often viewed as responsible behavior, and many people maintain or renew clearances after filing.

Chapter 7 vs. Chapter 13

From a professional standpoint, both Chapter 7 and Chapter 13 bankruptcies are legal and effective. Chapter 7 is faster and eliminates qualifying debt. Chapter 13 creates a structured repayment plan and can appear proactive in some employment contexts. The right choice depends on your finances.

What Actually Causes Career Problems

Rarely an issue:

  • Filing bankruptcy
  • Discharged debt

More likely to cause problems:

  • Judgments
  • Wage garnishments
  • Frozen accounts
  • Ignored lawsuits
  • Ongoing financial instability

So, waiting too long is often riskier than filing.

Why Local Guidance Matters

Philadelphia and South Jersey professionals face high living costs, union contracts, irregular schedules, and unique employer concerns. Local guidance matters.

Reinherz Law Offices regularly helps nurses, city workers, contractors, union members, and professionals with clearances protect both their finances and careers.

Schedule a confidential consultation to get real answers before fear costs you options.

Can Filing Bankruptcy Stop a Sheriff Sale in NJ? Critical Deadlines Homeowners Often Miss

If you’re a New Jersey homeowner facing a sheriff sale, you’re probably hearing a mix of panic and false hope. The truth is simpler: bankruptcy can stop a sheriff sale, but only if you file before the sale happens. Waiting too long, sometimes even a day, can eliminate that protection.

What a Sheriff Sale Is

A sheriff sale is the final stage of the foreclosure process. After the lender wins a foreclosure judgment, the county sheriff schedules an auction to sell the home and satisfy the debt. Once you receive a notice of sale, the countdown moves fast, usually with at least 30 days’ notice.

How Bankruptcy Stops a Sheriff Sale

When you file bankruptcy, federal law creates an automatic stay that immediately freezes most collection actions, including foreclosure and sheriff sales. The stay starts the moment the case is filed.

Two chapters are commonly used:

Chapter 13 (best for saving the home):

  • Lets you repay missed mortgage payments over 3–5 years
  • You keep the home if you stay current on the plan
  • Works well for people with steady income and temporary hardship

Chapter 7 (more of a pause):

  • Stops the sale temporarily
  • You may still lose the home unless you’re current or reaffirm the mortgage
  • Often used when you need time to relocate or stop other lawsuits

The Biggest Mistake: Filing Too Late

Bankruptcy can stop a sheriff sale only if filed before the auction occurs. Once the sale happens, bankruptcy generally can’t undo it—you may only have limited post-sale rights like redemption, but the property has still been sold.

Practically, filing at least 1–2 business days before the sale gives your attorney time to prepare the petition and notify the sheriff so the sale is actually paused.

Common Myths That Cost People Their Homes

  • Myth: “I have 10 days after the sale to file bankruptcy and fix it.”
    Reality: NJ gives a short redemption/challenge window after sale, but bankruptcy doesn’t rewind the auction itself.
  • Myth: “I’ll just request a postponement.”
    Reality: Homeowners may request two 30-day adjournments by written request to the sheriff (with a small fee), but you must act early.
  • Myth: “My loan modification is pending, so the sale must be paused.”
    Reality: Not necessarily—sales can proceed without a bankruptcy stay or court order.

How Reinherz Law Can Help

Reinherz Law has helped South Jersey families stop foreclosure and regain stability for over 30 years. We can quickly review your sale date, explain whether Chapter 7 or 13 fits your goals, and move fast when timing is critical.

Final thought: Act before the sale, not after. Waiting to “see what happens” is the riskiest move.

Facing a sheriff sale? Contact Reinherz Law for a free, no-pressure bankruptcy evaluation.

(856) 302-3989 💻 reinherzlaw.com

 

 

Can Bankruptcy and Divorce Be Handled Together?

If asked to list life’s most stressful challenges, divorce and bankruptcy would each be at the top of most people’s lists, so the thought of going through both at the same time is truly overwhelming. Still, despite the emotional and financial strain, handling bankruptcy and divorce simultaneously is sometimes necessary, and can be done — but it requires careful timing, a well-planned strategy, and strong organizational skills. More than anything, getting through the process and successfully protecting the best possible outcome requires the help of an experienced attorney.

The first thing you need to understand is that you can’t really do the two at the exact same time. Bankruptcy and divorce are handled in different courts, with divorce cases being heard in the state and county family courts and bankruptcy cases managed by a federal court. Still, one case can definitely have an impact on the other. For example, a bankruptcy filing can temporarily pause (or “stay”) the division of marital property in a divorce until the bankruptcy process has been completed. That’s why many couples — and especially those who have significant joint debt — opt for waiting to finalize their divorce until after they’ve filed for bankruptcy.

In the midst of a messy and challenging situation, filing for bankruptcy first can simplify the divorce process. When joint debts on credit cards, personal loans, or medical bills are discharged in a bankruptcy,  each spouse can start their new life with a clean financial slate. Approaching the situation this way also prevents one spouse from ending up responsible for the other’s debts later.

On the other hand, there are situations where filing for divorce first makes more sense. If a couple’s combined income is too high to qualify for Chapter 7 bankruptcy, separating first might make one or both parties eligible to file individually afterward. Similarly, if property issues are complicated by things like a jointly owned business or real estate, addressing those in divorce court first may be the smarter way to go.

In some cases, couples don’t have the luxury of putting off one process until the other is finished. When that happens, coordination between each partner’s family law and bankruptcy attorneys is essential. A skilled legal team can help anticipate and address overlapping issues such as child support, alimony, and property division—all of which are treated differently under bankruptcy law.

For more information on this and any other legal issues involving divorce, bankruptcy, or both, contact us today.

Can I Lose My Job Because I Filed for Bankruptcy?

Filing for bankruptcy is an all-consuming, stressful experience. There are plenty of things that people going through the process worry about — some well-founded and others needlessly. It’s common for bankruptcy filers to worry about how going through the process could affect their job, with many people fearing that their employer will find out and fire them. In most cases, these fears aren’t justified because federal law prevents employers from discriminating against their employees simply because they filed for bankruptcy.

Under U.S. bankruptcy law, your boss can’t fire you solely because you filed for bankruptcy. This is true whether you work for a private company or you’re a government employee. The whole idea behind bankruptcy is to give people in debt a fresh financial start, and losing your job as a result of a filing would certainly work against that goal. Notably,  employers are also prohibited from reducing your pay, demoting you, or otherwise discriminating against you just because you filed.

While bankruptcy itself can’t be grounds for termination, it can play a role in certain job situations. Those include:

  • Security clearance positions: If your job is in finance, law enforcement, or defense, it may lead your employer to review your bankruptcy filing during background checks.
  • Future employment: Many potential employers run credit checks before hiring, and this is legally allowed. While they can’t reject you solely because of a bankruptcy filing, they are within their rights to consider overall financial history IF it is relevant to the job.
  • Trust-related roles: If you’re applying for a job that involves handling money, your bankruptcy could raise questions about your financial judgment.

Bankruptcy filings are public record, but there’s no automatic notification to your employer unless they’re also one of your creditors. In most cases, your workplace won’t ever know about your bankruptcy unless your settlement involves payroll deductions or wage garnishments.

Filing for bankruptcy won’t cost you your job. The law protects you from being fired or treated unfairly because of it, though if you’re applying for a new position in an industry that depends on financial trust, your filing could be considered as part of your assessment. For most employees, bankruptcy remains a private matter that provides relief without putting their livelihood at risk. For more information on how a bankruptcy filing could impact your day-to-day life, contact us today to set up a time for us to speak.

How Medical Debt Drives Bankruptcy: Options for Families Facing Overwhelming Bills

People tend to view filing for bankruptcy as a reflection of poor financial decisions, but the truth is that medical debt is one of the top causes of relentless debt in the United States. No one is immune to illness or accident, and even families who think they have good health insurance can find themselves buried under bills after an unexpected surgery or emergency room visit. Rising deductibles, treatments that aren’t covered, and surprise charges often combine to create bills that are impossible to pay and trigger a cycle of late payments, damaged credit, and eventually lead to filing for bankruptcy.

Unlike other forms of debt, most medical bills aren’t optional. Families can’t avoid hospital stays, medications, or follow-up care. When cash flow and budgeting are disrupted by doctor and hospital bills, something has to give, and it’s often credit cards and other debts that feel less urgent. Medical providers are prone to turning unpaid balances over to collection agencies quickly, and the tactics used by these organizations add to the stress. While bankruptcy is a serious step, it sometimes is the only option for regaining your financial footing.

Still, before turning to bankruptcy, it’s a good idea to investigate other options. Hospitals and medical providers often offer financial assistance programs or charity care that can substantially reduce bills. Negotiating directly with billing departments or using a medical debt advocate can also lead to significant discounts or payment plans that feel more manageable and less disruptive to your budget. Nonprofit credit counseling services can help consolidate medical debt, and many states offer consumer protection programs designed to curb aggressive collection practices.

If your household is struggling with overwhelming medical debt and you see no path to repayment, bankruptcy can provide a fresh start. Under Chapter 7 bankruptcy, eligible debts—including medical bills—can often be discharged entirely, though some assets may need to be liquidated. Chapter 13 bankruptcy lets families keep their property and repay a portion of their debt through a structured court-approved plan that creates more attractive terms, and sometimes reduces the total owed. While bankruptcy can severely affect credit, it also stops collection calls and lawsuits, and sometimes that’s the best relief of all.

If your medical bills are impacting your financial well-being, start by gathering all your documentation and exploring the help that’s available to you. Speaking with an experienced bankruptcy attorney can clear up whether alternatives exist or if bankruptcy is the best path. For help, contact us today.

Protecting Your 401(k) and IRA in PA & NJ Bankruptcy Cases

People facing debt and considering filing for bankruptcy know that doing so will provide significant relief and a clean slate, but they hesitate out of concerns about their 401(k) and IRA accounts. The good news is that both Pennsylvania and New Jersey offer strong protections for retirement savings, ensuring that your financial fresh start doesn’t come at the expense of your future security.

Under federal bankruptcy law, employer-sponsored retirement plans like 401(k)s, 403(b)s, and other pension plans that qualify under ERISA receive unlimited protection. They are completely exempt from creditors, regardless of what you owe, whether you file under Chapter 7 or Chapter 13 bankruptcy.

As of 2024, traditional and Roth IRAs receive federal protection up to $1,512,350 per person. Even with this cap, funds that are rolled over from employer plans to IRAs hold on to their unlimited protection. SEP-IRAs and SIMPLE IRAs receive the same protection as traditional IRAs.

Pennsylvania residents can choose between federal exemptions or state exemptions. Under Pennsylvania law, retirement benefits necessary for support are protected without dollar limits. This includes all federally qualified retirement plans and can be advantageous for those with IRA balances that go beyond the federal limits. These exemptions cover retirement accounts under Internal Revenue Code sections 401, 403, 408, 409, 414, 457, and 501(a). The state also protects reasonable retirement distributions needed for living expenses.

New Jersey offers similar protections, exempting retirement benefits necessary for the support of debtors and their dependents and doesn’t have specific dollar limits on retirement accounts. This has the potential to make state exemptions more favorable to the debtor for substantial retirement savings. New Jersey also provides teachers, police officers, and firefighters with enhanced protection for public employee retirement benefits.

Choosing between federal and state exemptions can be complicated and has long-term implications, so it’s a good idea to consult with an experienced bankruptcy attorney for assistance. These knowledgeable professionals will provide a careful analysis of your entire financial situation and help determine which exemption system offers the most protection for your specific situation.

How Filing for Bankruptcy Affects Your Spouse in Pennsylvania

During the COVID-19 pandemic, there was a significant downward trend in bankruptcy filings, but the numbers are on the rise in 2025.  There are many factors behind the shift, including higher interest rates, creeping inflation, and increased debt among consumers. If you’ve found yourself negatively affected by these or any other economic issues, filing for bankruptcy may be a necessary financial decision. Before you do so, it’s important to investigate the implications of bankruptcy on your spouse. If you’re married and live in Pennsylvania, the answer depends on several things, including the type of bankruptcy you file, how your debts are structured, and whether your spouse is a co-debtor.

The good news is that the state of Pennsylvania allows both individual and joint bankruptcy filings. If only one spouse files for bankruptcy, the other spouse is not automatically pulled into the case. Their individual assets and credit generally remain unaffected, as long as they’re not legally tied to your debts. However, any joint debts you share—like co-signed credit cards, loans, or mortgages—can still create bankruptcy liability for your spouse. Creditors can still pursue your spouse for payment on shared debts, especially if you qualify for and are filing a Chapter 7 bankruptcy, where there is no co-debtor protection.

Pennsylvania is not a community property state. This means that spouses don’t automatically share all the debts or assets acquired during marriage. Each person’s property and debts are typically considered their own, unless they’re jointly held. This is important because it can help protect a non-filing spouse’s assets. Still, careful analysis is needed to be sure about what’s exempt.

If your spouse isn’t a co-debtor with you, your bankruptcy filing will not appear on their credit report. But again, joint accounts may still be impacted. It may be harder for both of you to qualify for loans or credit if your bankruptcy filing lowers your combined financial profile.

Bankruptcy laws can be complex, and every situation is unique. If you’re considering filing for bankruptcy in Pennsylvania, contact our experienced bankruptcy attorneys to better understand how your filing may affect your spouse and your financial future.

How to File for Bankruptcy In New Jersey Without Losing Your Car or Home

One of the biggest concerns voiced by people considering bankruptcy is the fear that they’ll lose their most important assets. Most New Jersey residents filing for bankruptcy protection can hold onto their car and home: It just takes some strategic planning and a solid understanding of the exemptions that are available.

Every state has its own rules about bankruptcy. In New Jersey, debtors can choose between the exemptions that the state offers and the ones offered by the federal government. The New Jersey homestead exemption protects up to $23,675 of equity in your primary residence, while the federal exemption offers up to $27,900. If you’re a married couple filing jointly, you can double these amounts.

The state and the federal government also offer exemptions to protect your car; New Jersey allows up to $4,000 in car equity, while the national exemption is $4,500. Even if your car is worth more than the exemption amount, you can still keep it by paying the trustee the non-exempt equity value.

The most important thing you need to know about protecting your car and your home is that there are two different types of personal bankruptcy filings. Chapter 7 bankruptcy liquidates non-exempt assets, but has the advantage of being completely wrapped up quickly, usually within four months. If you filed under Chapter 7 and your home and car equity fall within exemption limits, you can keep both assets while eliminating unsecured debts.

By contrast, Chapter 13 bankruptcy doesn’t liquidate assets. Instead, it allows you to catch up on your mortgage or car loan payments while holding on to your property. The process generally involves a three-to-five-year repayment plan, which works well if you have regular income but are behind on secured debt payments and want to keep your things.

If you’re considering filing for Chapter 7, and it’s possible, pay down as much of your secured debt as possible. Doing so will reduce the equity that exceeds the exemption limits. There are plenty of other important things you need to know before deciding on moving forward with a bankruptcy filing. An experienced New Jersey bankruptcy attorney can evaluate your situation and recommend the best way to move forward with your filing to maximize asset protection. Call us today to set up an appointment.

Is Bankruptcy a Smart Move Before a Major Life Change? (Marriage, Baby, Moving)

There are some life events that represent major changes.  Getting married, having a baby, and relocating are great examples of milestones marked with great excitement, as well as significant changes in expenses and financial responsibilities. If you’ve found yourself approaching any of these changes while you’re struggling with debt, you may be tempted by the idea of cleaning your economic slate by filing for bankruptcy. Before you jump into this decision, let’s take the time to investigate whether it is actually a smart move.

There’s no doubt that bankruptcy can offer relief from overwhelming debt. It puts an end to the stress created by collection efforts and provides a fresh start. If you have significant unsecured debts like credit cards, medical bills, or personal loans, filing for a Chapter 7 or Chapter 13 bankruptcy might make sense. Still, timing matters—especially when any of the following big life transitions are looming.

  • Getting Married – Marriage generally introduces shared finances. Your future spouse’s financial health will become enmeshed with yours, and though they won’t be responsible for your pre-marriage debt, any joint accounts or property you acquire once you’re married will be complicated by a bankruptcy filing that comes after the wedding. Filing before your marriage is a good way to protect your future spouse from financial entanglements and avoid dragging their credit score into your financial issues.
  • Having a Baby — Expanding your family means increased expenses: Those little people are expensive, from birth to nursery expenses to healthcare to childcare. Filing for bankruptcy would free up resources by eliminating or reorganizing debts (depending on whether you choose a Chapter 7 or Chapter 13 filing). But while it would let you redirect money toward your growing family, it will also impact your credit for up to 10 years. If you’re thinking of buying a larger home or purchasing a vehicle, your filing could make it harder to qualify for financing.
  • Moving – Whether you’re moving around the corner into a better apartment or purchasing a new home, a bankruptcy filing can limit your ability to secure new housing, especially if you’re looking to buy or rent a place that requires a credit check. However, if your current financial situation or poor credit would make moving impossible or unmanageable, bankruptcy may be what you need to make a fresh start in a new location. Also, the bankruptcy exemptions and laws in your state can affect what happens if you file before or after relocating.

Filing for bankruptcy can be a smart move if it’s done strategically. If you’re struggling with debt and have big life changes on the horizon, contact our experienced bankruptcy attorneys to discuss the options that will work best for you.

Free Bankruptcy Evaluation Button
Free Bankruptcy Evaluation Button
Call Today Button
Call Today Button
Sign Up For Our Mailing List Button
Sign Up For Our Mailing List Button