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Justin M. Gillman

Justin M. Gillman

New Jersey Bankruptcy and Foreclosure Defense Lawyer since 1997
  • Bankruptcy, Foreclosure Defense
  • New Jersey
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Summary

Justin M. Gillman, Esq. has practiced in the area of consumer and small business bankruptcy law, foreclosure prevention and related matters since 1997. He is admitted to the New Jersey and New York State Bars, the United States Supreme Court, the United States Court of Appeals for the Third Circuit, and the United States District Court for the District or New Jersey. Mr. Gillman received his B.A. degree from Trinity College, Hartford, Connecticut and his J.D. degree from the Marshall-Whythe School of Law at the College of William & Mary, Williamsburg, Virginia. Mr. Gillman serves as a member in the New Jersey Bar Association, Bankruptcy Law Section and the National Association of Consumer Bankruptcy Attorneys (NACBA). He recently presented seminars on Bankruptcy and Foreclosure topics at the Bankruptcy Bench Bar Conference of the New Jersey Bar Association on issues related to the Bankruptcy Code and for the National Business Institute on topics in Residential and Commercial Foreclosure and Bankruptcy. He has appeared on New Jersey Channel 12 News on the subject of consumer mortgage foreclosure and bankruptcy-related issues in residential home development.

Practice Areas
  • Bankruptcy
  • Foreclosure Defense
Fees
  • Free Consultation
    Free Consultations are offered via Phone or Office Conference for Personal Bankruptcy cases.
  • Credit Cards Accepted
    Debit Cards are accepted on any case. Credit Cards may be accepted. We cannot accept payments via credit card for attorney’s fees from a client who intends to list such payment of fees on a credit card as a debt in a bankruptcy proceeding.
Jurisdictions Admitted to Practice
New Jersey
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3rd Circuit
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Professional Experience
Partner
Gillman & Gillman, LLC
- Current
Education
William & Mary Marshall-Wythe School of Law
J.D. (1997)
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William & Mary Marshall-Wythe School of Law Logo
Trinity College
B.A. (1994)
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Professional Associations
National Association of Consumer Bankruptcy Attorneys
Member
Current
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New Jersey State Bar Association
Member
- Current
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New Jersey State Bar Association - Bankruptcy Section
Member
- Current
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Speaking Engagements
BOOT CAMP: Foreclosure and Loan Workout Procedures, Foreclosure Boot Camp, Princeton, New Jersey
National Business Institute, Inc.
This program is intended to review the options available when a client faces mortgage default and guide professionals through the mechanics of options including, loan modifications, short sales, deed-in-lieu of foreclosure, and the foreclosure process.
Legal Answers
9 Questions Answered

Q. Are there penalties for a single creditor who delays a bankruptcy case via multiple claims on the same mortgage ?
A: First, this is a complicated enough issue that you should certainly review with an experienced bankruptcy attorney. With that said, it is not uncommon to see these issues. If the Court has entered an Order directing the Creditor to file a "corrected" claim and the creditor has not done so, you may be able to seek sanctions against the creditor for violating the court's order. This is very case and jurisdiction dependent, but there are options and rights which is one of the many benefits of addressing mortgage claims in a Chapter 13 case.
Q. I'm at the end of a Chapter 13 . How do I file a Post Petition Financial Management Course. My attorney skipped on me.
A: Many of the Debtor Education/Financial Management course providers actually file the certificate with the Court on your behalf after you complete the course. You can usually find approved providers on the Court's website or at the website for the United States Trustee in your district. Should not be a problem for you. Best of luck.
Q. Can I keep my car if I need to file for bankruptcy?
A: You don't provide a lot of information but generally yes. If there are no payments and you can protect the vehicle with your protections under Chapter 7. If there are payments and you continue to make them (or catch up through Chapter 13), yes also. The question does not provide enough information for a more accurate and detailed answer unfortunately.
Q. I filed bankruptcy and was discharged in 2011. How long do I need to wait to file chapter 7 again.
A: I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a discharge though that would not typically be something that is recommended. Keep in mind, the dates are from filing date to filing date so you would need to review the prior filing and another other issues with an experienced bankruptcy attorney.
Q. I have a point based timeshare where do I list that on the schedules??
A: Under the "new" forms in Bankruptcy, there is a reference to the fact that Timeshares, even "point-based" shares, should be listed under Real Estate Interests. That is Part I of Schedule A/B. You should list the information on the number of points and their value as well as any other information.
Q. was in chapter 7 got discharged now in chapter 13 got case got drop due to my payments now wanna can I file chapter 7?
A: You can file a Chapter 7 but you cannot get a discharge in the case. The Bankruptcy Code states that you cannot get a discharge for 8 years after a prior Chapter 7 discharge. Starting in Chapter 13 is not a reason since its been 4 years since your last Chapter 7. Not sure the reason you filed bankruptcy but would suggest you consult and retain an experienced attorney.
Q. The investor's lawyer called me a liar and wants me Subpoenaed to go to court ! Is this normal ?
A: Your experience sounds relatively common but obviously you should ask your current attorney how he or she feels the case is proceeding. Often, those who are not experienced in the legal system misunderstand arguments before a court to be "accusations". You state you wish to cure your mortgage arrears. If you have the legal right to do so, the Bankruptcy Code offers you the ability to do so. These issues are often raised where there is an argument that you may not have the right to do so. I have a great deal of confidence in bankruptcy courts to resolve these issues properly. You should rely on your attorney or consult a new attorney with full information about your case.
Q. In a Chapter 11 BK of a married couple, do both of them (as trustees of their bk estate) need to get their own EIN?
A: No individual (or married couple) needs to get a "new" EIN when you file Chapter 11. Also, there is no requirement that married couples file individual tax returns. Individuals (or married couples) who file for Chapter 11 must be current in their tax filings but the Bankruptcy Code does not mandate "how" you file. I think you are confusing the phrase "Individual" which in bankruptcy-speak means a person or married persons as opposed to a business entity that files bankruptcy. Frankly, Chapter 11 is a highly complicated and detail-oriented proceeding. Sounds like you would benefit from consulting and retaining an experienced attorney.
Q. What is a Notice of Trustee's Final Report and Applications for Compensation and Deadline to Object (NFR)?
A: Notice of Trustee's Final Report indicates that the Appointed Chapter 7 Trustee is filing a required report stating how the money/assets that the Trustee recovered were distributed. Final Report suggests that the Trustee has completed their liquidation of assets and recovered $3,506.00. The Chapter 7 Trustee is required to report to the Court regarding all assets and the manner in which they were distributed. The information you provided suggests that the Trustee satisfied all administrative fees and there is still money left over to pay to your creditors. Typically there is no reason to respond to these notices. Your creditors will now receive some type of distribution. In terms of the case, you should consult your attorney if you have one. There are 2 issues to review. First, is this the end of the liquidation of your assets. Second, have you received a discharge of debt in the Chapter 7 case. These are 2 separate issues. At all times, you should consult with an experienced bankruptcy lawyer.
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Contact & Map
Gillman & Gillman, LLC
770 Amboy Ave.
Edison, NJ 08837
USA
Telephone: (732) 661-1664
Union County - Cranford
23 North Avenue E
Cranford, NJ 07016
USA
Toll-Free: (800) 640-1192