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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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Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 10 Justia Lawyer Rating - 10 out of 10
I have relied on Mr. Gillman's advice on all types of bankruptcy issues and their impact on real estate matters I was handling for various clients and his information was always useful in allowing us to resolve issues.
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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, 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
-
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.
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
24 Questions Answered

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 meeting. Further, in Chapter 13, you can file a Proof of Claim with the Court and an objection to confirmation of any plan filed.
Q. What type of lawyer do I need?
A: I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they "filed" when they indicate that they "will be filing". Second, its not clear the type of service or product for which you made the deposit or the contract that you signed. Depending on these answers, your rights may be different. I would suggest you contact an attorney who may have familiarity with both bankruptcy and consumer rights and review the contract and situation to learn how best to proceed.
Q. Is curing a default by the date in a notice of intention to foreclose letter in NJ using the once every 18 month renstmt
A: Your question is a little hard to understand but let me try to answer what I think you are asking. First, under NJ foreclosure law, a mortgage company may not file a foreclosure complaint for at least 30 days after the Notice of Intent (NOI) is sent. So this gives you 30 days to cure before a complaint can be filed. After a foreclosure complaint is filed, you may cure mortgage arrears at any point up to entry of a final judgment by right under NJSA §2A:50-57. That provision does state that a "debtor may exercise the right to cure a default as to a particular mortgage and reinstate that mortgage only once every 18 months" with the time period beginning from the "date of cure and reinstatement". I am not aware of any case where a plaintiff has rejected a cure/reinstatement payment based on the argument that the debtor has cured more than once in the 18 month period. However, if you are a defendant in an active foreclosure, I would strongly recommend you consult with experienced counsel.
Q. I filed chapter 13 because I was told I had too many assets now they want to dismiss my case because I am in arrears
A: If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware of the bankruptcy code sections which require you to repay your unsecured creditors an amount equal to that which they would receive in a Chapter 7 liquidation. These are often complicated and very fact-sensitive issues which should be reviewed with an experienced bankruptcy attorney in your local district and vicinage.
Q. SSDI is not considered in the Ch 7 means test, but counts as a resource to pay creditors in the budget section, right?
A: Yes, SSDI is not "income" for the purposes of the Chapter 7 means test. As for "Schedule I Income", we always list the social security income but note that pursuant to applicable federal law, social security income is exempt from attachment/payment to creditors pursuant to 42 U.S.C. § 407. The issue of the disparity of treatment of social security income for the means test v. Schedule I is one that is discussed in a lot of bankruptcy cases around the country. As the status and treatment is subject to rulings in your local district, you should consult an experienced bankruptcy attorney on how it will impact any case.
Q. A timeshare was foreclosure, what should i do?
A: The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance. It is common for our Chapter 7 bankruptcy clients to list timeshare liens and maintenance charges as debts that they seek to discharge where they are surrendering or have lost timeshares.
Q. Can you find online for me a bankruptcy case filed 4/29/2019 Chapter 7- court: NJ Newark -release number is 1023083
A: I am sorry but we do not search cases unless we are consulting or have been retained. Also, the information you are providing is insufficient. There may be many cases filed in the Newark vicinage on that date. If you are a debtor, you can obtain this information by going to the Court or accessing the information online if that is available to you. Would suggest you find the bankruptcy case number.
Q. In chapter 7 can one exempt his primary residence ?
A: First, you should consult with an attorney as questions of exemptions and assets often are very fact sensitive and can be complicated when it comes to all of a filing debtor's assets. Georgia, I believe, does not recognize the federal exemptions and therefore you would be limited to state law exemptions which MAY allow you to protect up to a certain amount of equity in the property. There are significant requirements to be able to claim this protection so, as I stated, the best route is to immediate review with an experienced attorney.
Q. Inheritance during chapter 13
A: This is an extremely complicated question and one that should be reviewed as soon as possible with an experienced attorney who practices in the jurisdiction in which your case was filed. There is no generic answer to the question but the more promptly you review this with an attorney, the better you will understand and be able to protect your rights.
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Contact & Map
Gillman, Bruton & Capone, LLC
Monmouth County - Freehold - Office
54 Hudson Street
Suite 202
Freehold, NJ 07728
USA
Toll-Free: (732) 661-1664
Telephone: (732) 333-0905
Gillman, Bruton & Capone, LLC
770 Amboy Ave.
Edison, NJ 08837
USA
Telephone: (732) 661-1664
Gillman, Bruton & Capone, LLC
Union County - Cranford - Office
23 North Avenue E
Cranford, NJ 07016
USA
Telephone: (732) 661-1664