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Stephen P. Dempsey
State of Practice: New Jersey
Member Since: 9/22/2011
Last Answer: 07/08/2013

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Attorney Stephen Dempsey has a great track record and is well versed in many areas of the law. Attorney Stephen Dempsey handles most civil and criminal matters, DWI, drug offenses and municipal court cases, estate planning/wills/trusts, consumer and commercial bankruptcy and real estate and property management representation. Best of all, Mr. Dempseys clients are amazed at how low his rates are. Mr. Stephen Dempsey is an attorney who prides himself on being honest and approaching all cases with the utmost integrity. Attorney Stephen Dempsey will provide a free consultation and lets you know if he is the right attorney for you. Attorney Stephen Dempsey will handle your case himself and never passes your case to another attorney or paralegal.

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Stephen P. Dempsey
State of Practice: New Jersey
Member Since: 9/22/2011
Last Answer: 07/08/2013

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Law Office of Stephen P. Dempsey - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Stephen P. Dempsey
State of Practice: New Jersey
Member Since: 9/22/2011
Last Answer: 07/08/2013
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Law Office of Stephen P. Dempsey - Free legal questions and answers - LawQA.com

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Stephen P. Dempsey
State of Practice: New Jersey
Member Since: 9/22/2011
Last Answer: 07/08/2013
Answer: There is a filing fee for Chapter 7 of $306. However, you are required to take a credit counseling course which cost bet ...read more
Answer: There is no basis for a cause of action against you. However, if you were babysitting someone or they were in your charg ...read more
Answer: You have to include all creditors.
Answer: Bankruptcy does not effect a spouses credit but a default of an obligation will. In order to maintain their credit a spo ...read more
Answer: Yes, filing bankrutpcy will stop a bank account levy immediately on date of filing
Answer: Yes, bankruptcy may relieve the underlying debts that affect your driving privileges however, many DMV fines are not dis ...read more
Answer: Yes, you will not be responsible for the mortgage debt.
Answer: In most cases as long as you do nothing to negatively affect your credit, it shouldn't change.
Answer: Does not make sense. No a bar can not demand a DWI. The police will issue a DWI based on their investigation.
Answer: Yes- it requires the need for an expert and requires a hearing or trial.
Answer: No - extremely difficult and the requirements are under scrutiny
Answer: Yes- but only if it can be resolved with respect to your possession of the property.
Answer: Yes immediately but does not stop eviction action if rent is unpaid.
Answer: The bankruptcy court, however, you must be diligent to notify creditor of your filing.
Answer: That questions requires a review of your financial situation and you should not do anything without determining your abi ...read more
Answer: Yes certaind debts like student loans, tax debt, and fines, penalties associated with certain crimes (i.e. DWI) may be n ...read more
Answer: Sure- its up to the lender to decide to issue credit.
Answer: Bankrutpcy law provides for exemptions which allow debtors to keep most if not all of the assets. The bankruptcy code pr ...read more
Answer: Your question is unclear. If you filed bankruptcy both debts are discharged, therefore there is no reason for you to pro ...read more
Answer: That question can not be answered without analyzing your financial situation including your income, debt and assets. Ban ...read more
Answer: Most debts are discharged in a Chapter 7 bankruptcy; however, certain debts are generally not discharged (i.e. taxes, st ...read more
Answer: It depends. Bankruptcy provides exemptions to a certain dollar amount for personal and real property depending on whethe ...read more
Answer: More likely, Chapter 7 is a better option.
Answer: Yes, credit counseling is required by each debtor.
Answer: Your wife's bankruptcy will discharge her liablity on the debt but your liability will remain as a co-debtor on the loan ...read more
Answer: yes because you a strictly liable for a refusal which carries a 7 month loss of license and fines consistent with a DWI.
Answer: If you are convicted a second time, it is a 2 year loss of license. You need to contact a DWI lawyer to best insure that ...read more
Answer: Yes- however, it requires the filing a motion and approval by the bankruptcy court.
Answer: It depends on the chapter you file. $306 for Chapter 7 and $285 for Chapter 13.
Answer: No it is not. It is advisable to talk to a bankruptcy attorney to evaluate the complexity of your situation.
Answer: You have to wait 8 years after your prior bankruptcy.
Answer: Chapter 7 is the most commonly used bankruptcy proceeding. There are factors that determine what you file which include ...read more
Answer: DWI is a serious charge and you should retain an experience DWI attorney. Jail in most DWi cases is unlikely though poss ...read more
Answer: The filing fees are 306 for chapter 7 and less than 300 for Chapter 13. It is a good idea to talk to an experience bankr ...read more
Answer: Yes. Bankruptcy is an effective way to resolve liens.
Answer: I would advise you not to obtain any loans or incur debts while intending to file bankruptcy.
Answer: Yes. That's one of the main purposes of Chapter 13 that allows for debtor's to retain their homes.
Answer: Makes a strong argument and consistent with public policy relating to citizen's right in the armed services on active du ...read more
Answer: Bankruptcy is a very serious legal step and requires for you to properly assess your financial situation prior to filing ...read more
Answer: No they cant reach social security benefits.
Answer: That is not a question that can be answered so simply by any stretch of the imagination. A DWI charge is a difficult cha ...read more
Answer: No- the lease terms convert to a month to month hold over lease.
Answer: It depends- but you can possibly erase that debt and keep your home through bankruptcy. It is very important to talk to ...read more
Answer: It depends on the type of loan. Is the mobile home by way of automobile loan or residental mortgage loan. In NJ, foreclo ...read more
Answer: You may be able to work out a payment plan however, you may want to talk to a lawyer who is often better suited to negot ...read more
Answer: That really depends on state law but generally if you provide the hospital with proof of death.
Answer: If he has title then you can do very little if anything but sue him.
Answer: Bascially you are judgment proof. If you dont go to court the same result will occur. You can try to go to court and wor ...read more
Answer: POC is an acronym for Proof of Claim. Proof of Claims are filed in asset cases where creditor need to file a claim for t ...read more
Answer: He can file individually.
Answer: Not sure what your question is. If your car was repossessed and you are being sued by the bank for the deficiency, you ...read more
Answer: You should be able keep the camper plus other items depending on their value. We can exempt property under the bankruptc ...read more
Answer: Generally, you need to have a regular income so that you can fund a Chapter 13 plan of repayment which is approved by th ...read more
Answer: Generally no- but do you have a rental agreement? You can bring suit for damages for wrongful eviction.
Answer: Yes- you can file. You need to do so quickly in order to stay sheriff's sale.
Answer: Generally, none. Your mortgage agreement normally provides that your loan may be sold by the original lender and that it ...read more
Answer: Yes, case can be reopened by filing a motion with the bankruptcy court.
Answer: No but it may be used as evidence of an agreement. Contract involving real property or sales over $500 generally need to ...read more
Answer: You can try to short sale the property and the bank should not have advised you. You can adjourn sheriff's sale a coupl ...read more
Answer: Yes you can. But your story sounds like you may have some defenses that an experience DUI attorney could evaluate and pe ...read more
Answer: Yes- like any transaction, any damages you suffer by fault of a merchant including a landlord may be actionable.
Answer: If the account is still a joint account then you have a problem. See if you can open a new account and change everything ...read more
Answer: Unfortunately, that happens often with many of those companies. Unless the claims of the creditors were satisfied as agr ...read more
Answer: You don't need to include your wife's income. Depending on the debt you should consider bankruptcy.
Answer: File a proof of claim. The form is on the local bankruptcy court website.
Answer: You may not want to register or insure it in your name. That may be more of a contract question because if he had been m ...read more
Answer: You will still owe the balance of debt. Try negotiating or call a lawyer to help resolv
Answer: It depends: plea or verdict, what county and judge. If its county then not fed issue.
Answer: Possibly disorderly persons theft or 4th degree theft charge.
Answer: They can seek financial information from you and try to levy against certain assets. But they can not come into your hom ...read more
Answer: Do you have a lawyer? Otherwise, contact the court with a good explanation because the court will most likely have issue ...read more
Answer: You need to appear at arraignment and either enter a plea "guilty" or "not guilty" or hire an attorney to represent you ...read more
Answer: Usually by an attorney referral. You can call the bar association or county bar association.
Answer: Unfortunately, you still are responsible for the deficiency amount of the loan. Generally, you may want to contact a law ...read more
Answer: This is an all too common situation. You need to talk to a bankruptcy lawyer. They are like any other creditor.
Answer: Yes if they have probable cause that it was you. But the story doesn't explain the reason for the arrest. Did you fail t ...read more
Answer: This is a trust and estate question not a bankruptcy question. You would need to seek to have her removed as trustee for ...read more
Answer: Yes. DUI is driving under the influence which means any intoxicating substance that disables your ability to drive. This ...read more
Answer: You can bail him out. You havent violated the law but your husband did violate the TRO prior to your dismissing it.
Answer: The issue is not whether the will is legal, but whether the will you create will be valid. There are formalities that ne ...read more
Answer: You need to hire an attorney who can evaluate your financial situation and determine if bankruptcy is good for you. Like ...read more
Answer: It depends on the violation. Did you take the Alcotest? what was his BAL- over .1? did he refuse? Generally he is lookin ...read more
Answer: Yes but you may have a fight on your hands. He can file an adversary proceeding but its very likely he will not be able ...read more
Answer: She can be sued but if she is judgment proof then they most likely wont pursue beyond a judgment.
Answer: They can sue you for breach of contract and the statute of limitations is six years. I wait to see what they do. If you ...read more
Answer: She really has no right to pursue you but it often avoids the possiblity of a lawsuit by offering them something and hav ...read more
Answer: The house is your until the sheriff sale so you can change the locks. How long have you been in foreclosure? It takes as ...read more
Answer: Your attorney can do it. Otherwise call the judge's office and request an adjournment. It shouldn't be a problem if 1st ...read more
Answer: If you signed the lease, you are still be liable for the rent. Unless the lease says otherwise.
Answer: Except for paying the loan, really there isnt anything you can do. Bankruptcy would stop repossession but you would need ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy