New Jersey Bankruptcy: Frequently Asked Questions

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While it’s true that everyone’s financial situation is unique, there are a number of commonly asked questions about the bankruptcy process that apply to all debtors. To help our readers, we compiled a list of the questions most frequently asked by our bankruptcy clients. Use this page as a reference when getting started with your own bankruptcy case.

  • How could bankruptcy help me? Many people don’t have a good understanding of what it means to file for bankruptcy, so it can seem daunting and confusing. In short, bankruptcy (chapter 7) gives debtors relief from their unsecured debts. Many, if not all of your unsecured debts can be wiped clean! Filing for bankruptcy can also: stop your home from being foreclosed upon, help you save your vehicle from repossession, put a stop to annoying debt collectors, and prevent any of your utilities from being shut off.

 

  • Should I file for Chapter 7, 11 or 13? File for chapter 7 if you have very little disposable income and significant unsecured debts. You should consider chapter 13 if you do have a decent income and would be able to pay back some or all of your debts if they were reorganized more optimally. Chapter 11 bankruptcy is intended to be used by businesses and people who owe substantial amounts of money.

 

  • Would I even qualify for bankruptcy? In order to determine if you’d qualify to file a NJ bankruptcy petition, you’ll have to discuss your personal financial details with your bankruptcy attorney. In general, you will need to disclose: a list of all of your debts, any property you own (personal and real estate), pension(s), stocks, and life insurance policies. It is impossible for us to determine whether or not you’d qualify for bankruptcy without discussing your personal finance details with you.

 

  • Will I lose everything I own? This is one of the most common misconceptions held by many people regarding bankruptcy. In filing for chapter 7 bankruptcy, you’d be able to keep anything that is considered ‘exempt’ from your creditors. You can learn more about New Jersey state and federal bankruptcy exemptions here.

 

  • Does filing for bankruptcy involve me physically attending court? You will have to attend court for something called the Meeting of Creditors, which helps your bankruptcy trustee decide what assets to liquidate. The good news is that your New Jersey bankruptcy attorney will attend the meeting with you.

 

  • What will happen to my credit score? Filing for bankruptcy definitely does drag your credit score down. We try to look at it as “there’s nowhere to go but up!” A bankruptcy on your credit report is better than having a large number of unpaid debts that you’ve chosen to ignore.

 

  • Will I be 100% debt-free after a bankruptcy discharge? Chapter 13 will help you set up a payment plan that is achievable for you and will not involve liquidation of your assets. A chapter 7 discharge means nearly all of your debts will disappear, with the exception of student loans, child support/alimony, fines, and any debts (loans) that were acquired illegally.

 

  • Will Veitengruber Law help me repair my credit after bankruptcy? Absolutely! We will help you set up an appropriate budget so that you can stay out of debt. We’ll also walk you through the process of repairing your credit score. Veitengruber Law will give you a number of helpful suggestions that will steadily increase your credit score after your bankruptcy discharge.
Image credit: photosteve101
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One Response to New Jersey Bankruptcy: Frequently Asked Questions

  1. Pingback: Fines, Tickets & Bail Bonds: Can They be Discharged in Bankruptcy? | Veitengruber Law

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