If you’re among the many who are suffering, you may have thought about filing for bankruptcy protection in order to keep your home, car, or other assets and get out from under a mountain of debt. It’s not quite that simple, though. There are many ways bankruptcy can ease your burden, but there are limitations as well.
Though there are other avenues available, the two most common types of personal bankruptcy filings are under Chapter 7 and Chapter 13 of federal bankruptcy law. Chapter 7, also known as “liquidation,” allows you to permanently discharge debts in exchange for transferring assets to the bankruptcy court. Those assets are then sold, with the proceeds distributed to your creditors.
The first thing to understand about a Chapter 7 petition is that you must submit to a “means test” in order to qualify. That requires you to demonstrate to the bankruptcy court that you lack the resources to repay your creditors over a three-to-five-year period.
In addition, not all debts can be discharged:
As a general rule, when you file under Chapter 7, you don’t have to forfeit all personal assets. State and federal law both allow you to claim certain property as exempt, though you must choose between the exemptions available under state law or federal law. The exemptions include some of the value of a home or residence, a car, and general personal property.
At the office of Howard N. Sobel, we work closely with people in New Jersey in personal bankruptcy filings. Contact our office online or call us at 856-424-6400 to set up a free initial consultation (on selected cases). We are currently available by phone, text message, or videoconference only. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
Named a New Jersey Super Lawyer Every Year 2010-2022
What Steps Can You Expect When Seeking to Discharge Debts Permanently? When you’ve lost your job or had an unexpected injury or illness, bankruptcy may be the best way to get a fresh start. If you qualify, you can ask the bankruptcy court to permanently dis...
Read MoreHow Does the Bankruptcy Court Determine Whether or Not You Qualify? When you’re struggling to meet your financial obligations and have determined that a personal bankruptcy filing is your best chance for a fresh start, you may have a couple of options. If y...
Read More