Justin M. Gillman
New Jersey Bankruptcy & Foreclosure Defense Lawyer since 1997
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. He serves as a member in the New Jersey Bar Association, Bankruptcy Law Section and the National Association of Consumer Bankruptcy Attorneys (NACBA).
Mr. Gillman 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. Mr. Gillman has appeared on New Jersey Channel 12 News on the subject of consumer mortgage foreclosure and bankruptcy-related issues in residential home development.
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Foreclosure Defense
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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.
- New Jersey
- New Jersey Courts
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- New York
- New York State Office of Court Administration
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- 3rd Circuit
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- U.S. Supreme Court
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- United States District Court for the District of New Jersey
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- English: Spoken, Written
- Partner
- Gillman, Bruton & Capone, LLC
- - Current
- In 2019, Gillman & Gillman, LLC merged into Gillman, Bruton & Capone, LLC, with Justin M. Gillman, Esq., acting as a Chair of the Bankruptcy, Foreclosure and Litigation Groups.
- Partner
- Gillman & Gillman, LLC
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- William & Mary Marshall-Wythe School of Law
- J.D. (1997)
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- Trinity College
- B.A. (1994)
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- 10.0 Superb Rating
- Avvo
- Client Champion Award
- Martindale-Hubbell
- 2020-2023
- Best Bankruptcy Attorneys in Toms River
- Expertise.com
- Equal Justice Award
- Legal Services of New Jersey (LSNJ)
- AV Preeminent Rating
- Martindale-Hubbell
- 2013, 2016-2019
- National Association of Consumer Bankruptcy Attorneys
- Member
- Current
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- New Jersey State Bar Association
- Member
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- Activities: Bankruptcy Law Section
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- Bankruptcy Myths that Creditors Want Debtors to Believe
- Avvo Legal Guide
- Foreclosure and Loan Workout Procedures, Foreclosure Boot Camp, National Business Institute, Inc.
- Chapter 7 and 13 Bankruptcy: Line-by-Line Workshop
- Real Property Foreclosure: A Step-by-Step Workshop, New Jersey Foreclosure
- Q. I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home
- A: This depends greatly on the timing and more specific review of the legal issues involved.
The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending on any prior orders in the 2 Chapter 13 cases you filed, that likely allowed the foreclosing plaintiff to complete a sale of the property.
It would be strongly recommended that you review with an experienced attorney as soon as possible to determine if you have any legal rights or options at this time.
- Q. What do I file in bankruptcy court or district court to stop a creditor from receiving double payments?
- A: The first step is to immediately consult an experienced bankruptcy attorney. You are describing a situation that requires legal action. I would contact the Chapter 13 Trustee to place a hold on distributions and you may need to file a motion or modified plan based on the change in the situation. I can't speak to the specifics of the case without more information or provide an answer as to how it is likely to resolve. It seems it was anticipated that the holding by the supreme court would affect the case so you may need to take action in response to make sure your rights are protected.
- Q. What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?
- A: First, you should consult an experienced bankruptcy attorney. This is a very complicated fact situation and how that interplays with the laws in your state and jurisdiction are important. A good lawyer should also review costs with you and give you experienced advice on likelihood of success, etc. That said, as a "party-in-interest" or "creditor", you may contact the appointed trustee in the case and attend the creditors meeting. You would be better served hiring a lawyer to do this who practices regularly in your area. If this is either a Chapter 7 or Chapter 13 bankruptcy, you would have the right to object to the debtor's discharge - 60 days from the creditors ... Read More
