In New Jersey Bankruptcy Court is a two way street for both the debtor and the creditor. Many times the debtor comes into bankruptcy court either riddled with guilt or overwhelmed by their financial situation that they ignore many rights that they have when they come into bankruptcy court. A creditor has responsibilities just as the debtor has responsibilities. This responsibility is evident in a Chapter 13 Bankruptcy but also in a Chapter 7 Bankruptcy. One such responsibility, of the creditors, is proving that they actually own the debt. This is true for whenever a creditor has a secured claim. The creditor has to prove that they own a secured items, such as a car or a house, by producing the original title, deed, mortgage or note. Unfortunately, in this age of MERS (mortgage electronic registration system) and securitization of cars, many secured creditors can not prove that they own the items that they are requesting payment for. If a secured creditor can not prove that they own the car, then they lose their legal rights to enforce payments. NJ Bankruptcy Court, is the perfect legal arena for debtors to use all of the rights and the power of courts to either reduce or eliminate secured debt that may be owed. A New Jersey Bankruptcy Attorney can guide you best as to the required steps that need to be taken to determine if your creditors owns your financed car or home.
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