Foreclosure Trial NJ

[rjl0206]

In foreclosure process and filed an answer in NJ. Had a foreclosure case management conference that was not required to attend and missed. Now the judge has sent out dates for pretrial conference etc in the next 2 months. I primarily filed an answer just to buy some time to prepare for Bankruptcy 13 which will happen in May/June. First pre-trial conference is set for April 15th.

Can I withdraw my Answer or file a statement claiming I no longer want to pursue foreclosure defense etc. Just to forgo this whole pretrial prep etc.?

I would not even know where to begin for this whole meeting. Also, I don’t want the Mortgage servicer’s lawyer add more just for this whole situation. Is the Pre-trial conference a requirement for me to attend? I may just have to bite the bullet and file BK13 before April 15th if nothing can be done to avert this whole trial process which requires me to attend. Thank you

[justbroke]

I can't give you legal advice but you may have made several legal and procedural missteps.

Generally speaking, you'd need to look at your NJ Rules of Civil Procedure to see if you can amend as a matter of right or course. If your court doesn't allow a straight amendment you typically need to ask the court to allow you to file an amendment. You may also be able to withdraw a pleading, but you'd have to look at your local rules of civil procedure.

You may or may not be able to amend that answer or seek permission from the court to amend or withdraw the answer. I can't help you with your strategy at all... which was to delay the foreclosure.

You are the attorney of record and are required to attend all hearings. If you don't attend, the party seeking to foreclose will move for summary judgment on the pleadings.

I forgot why you're trying to delay until May/June timeframe.

[rjl0206]

6 month look back on paystubs (no extra voluntary OT) and we finally filed taxes along with some financial preparedness.

[justbroke]

Under Lanning, a Chapter 13 looks forwards. The only thing the lookback will determine is whether or not you are over-the-median (Chapter 13 Means Test). In a Chapter 13, an over-the-median gets a 60-month plan rather than a 36-month "minimum" plan.

I don't recall if you have yet to consult with 3 to 5 local bankruptcy attorneys, but your bankruptcy pre-planning may be for naught.

For example, when you file a Chapter 13, all tax returns must have been filed so you'd get time to file for Tax Year 2023. If you are looking just to keep the money from the anticipated tax refund, that could be a good reason to wait to file. But I still don't understand waiting until May/June. A Chapter 13 behaves much more differently than a Chapter 7.

[rjl0206]

Hy JB,

Already have a lawyer, owing taxes on federal due to not paying mortgage but getting some money back from state. We are over the median and will be in a 100% payment plan.

[justbroke]

I would go back to your attorney. I don't understand any delay now that you filed your income tax returns. You would have had to file your tax returns for 2023 regardless. Filing tax returns is required by the rules to know the status of the debtor's tax compliance and to allow the IRS/State to file claims as necessary.

I'm still at a loss why you need to wait to May/June now that the tax returns for 2023 have been filed?