What is Bankruptcy? Ask a Bankruptcy Attorney in New Jersey - The Law Offices of Patel & Cardenas (2024)

Bankruptcy is a legal procedure that allows individuals or businesses gain freedom from their debts, while simultaneously providing their creditors an opportunity for repayment. Repayment is contingent if there are assets that can be distributed. This does not mean that if you file for bankruptcy that you will lose everything you have. It also does not mean, that every type of debt is forgiven in bankruptcy.

Bankruptcy is a complex group of laws that take into account the state (i.e., NJ or NY) that the bankruptcy is filed, the assets and income of the debtor, the type of debts owed, and what the debtor is trying to accomplish when filing for bankruptcy.

Bankruptcy allows people like you a fresh start or allows you to get caught up on a home or car loan you may have fallen behind on, or even get caught up on your taxes.

What are the types of personal bankruptcies?

There are various types of bankruptcy, commonly referred to by their chapter within the U.S. Bankruptcy Code. Personal bankruptcies are either chapters 7, 11, or 13

Bankruptcy is handled in federal courts, and rules are outlined in the U.S. Bankruptcy Code and these rules are affected by the state laws where the bankruptcy is filed, and the rulings of the bankruptcy courts and appellate courts in their district.

Have a Jersey City, NJ Bankruptcy lawyer fix your debt problems and work with you toRepair your Credit.

The right to declare bankruptcy is in the United States Constitution.Many famous and successful people have used bankruptcy to start fresh. For instance, in 1996,Burt Reynoldsfiled for Chapter 11 Bankruptcy after a failed restaurant venture, and a costly divorce from Loni Anderson put him in so far in debt bankruptcy was the perfect solution for him. Kim Singer lost a lawsuit and chose to file for bankruptcy to avoid paying thejudgment. Larry King even chose to declare bankruptcy after amassing more than $350,000 in debt. Mark Twain declared bankruptcy after several bad investments.Even former President Ulysses S. Grant declared bankruptcy after a business partner embezzled money from a Wall Street firm he had invested in. Our current president has also used bankruptcy for failed business ventures.Failed businesses, divorces, medical bills, being on the losing end of a lawsuit are all things no one plans for but do happen. Bankruptcy may even be the last chance you have to save your home.

Contact a Bankruptcy Attorney in New Jersey that can file your chapter 13 or chapter 7 bankruptcy the same day.

If you choose to declare bankruptcy, you are in good company. Contact us at (844) 5 – DEFENSE – (201) 285-2839 or email us atINFO@FocusedLaw.com.

See this post if you are wondering about the costs of bankruptcy.

Do you need to file an Emergency Bankruptcy Petition?

New Jersey Bankruptcy is governed by both New Jersey Law and Federallaw

Bankruptcy, including New Jersey bankruptcy and New York Bankruptcy, are federal court processes designed to help both consumers and businesses eliminate or repay their debts under the protection of bankruptcy court. The federal law in Title 11 of the United States Code governs New Jersey bankruptcy as well as all other bankruptcies. Each state has its own exceptions, so depending on what state you are contemplating bankruptcy, different exceptions are available to you.

Bankruptcies are generally described as either liquidation or reorganization. The two most common forms of bankruptcy filings for our clients are Chapter 7 and 13.

How can a New JerseyChapter 7 Bankruptcyhelp you?

You may be able to keep your home and carwhen you use our bankruptcy attorney in New Jersey. Besides eliminating your debt, you will, under most circ*mstances, keep your home, your car and your personal belongings. This will allow you to eliminate your debt and get a fresh start.

Stop Creditor Harassment

Are creditors calling you at home and at work? Are they contacting your friends and family members? Put an end to your creditor harassment by speaking with our bankruptcy attorney in New Jersey. Once you retain our office, you will be able to refer your creditors to us. The creditor harassment will stop immediately. Under some circ*mstances, this creditor harassment may be in violation of the Fair Debt Collection Practices Act (FDCPA), and you may have cause for further action.

Stop Garnishments

Are you currently experiencing garnishment of your wages? Have you been notified that garnishment may soon begin on your wages? A Chapter 7 bankruptcy is one of the most effective ways to stop garnishments. By contacting our bankruptcy attorney in New Jersey, we can stop the garnishment, so your income can be put to better use.

Eliminate Debt

Debts like credit cards, pay-day loans, medical bills, lawsuits, utility bills, repossessions, or foreclosure deficiencies can be completely eliminated without payment to your creditors.

Prevent Utility Shutoffs

Worrying about utility shutoffs? Filing a Chapter 13 bankruptcy can stop creditors from shutting off your utility service. Contact our bankruptcy attorney in New Jersey today to prevent a disruptive utility shutoff before it’s too late. We have three offices in New Jersey to serve you better.

How can a New Jersey Chapter 13 Bankruptcy help you?

Stop a New Jersey Foreclosureand Stop Sheriff Sales in New Jersey

Is your home currently in foreclosure or have you received notice of an impending sheriff’s sale? Filing aChapter 13 bankruptcywill stop the foreclosure or sheriff’s sale any time prior to the sale of the house. The Chapter 13 filing will allow you to pay your mortgage arrears through the bankruptcy directly to your mortgage company.

Stop Creditor Harassment

Are creditors calling you at home and at work? Are they contacting your friends and family members? Put an end to your creditor harassment by speaking with our bankruptcy attorney in New Jersey. Once you retain our office, you will be able to refer your creditors to us. The creditor harassment will stop immediately. Under some circ*mstances, creditor harassment may be in violation of the Fair Debt Collection Practices Act (FDCPA), and you may have cause for further action.

Stop Repossession

Are you behind on your automobile payments? Are you in fear that your car is near repossession? A chapter 13 bankruptcy can help save your car and stop the finance company from moving forward with repossession. Contact our bankruptcy attorney in New Jersey today. We can help you consolidate your past due payments as well as the balance on your car loan into a Chapter 13 bankruptcy. You will make one payment to the trustee and the finance company will not be able to move forward with repossession. Under some circ*mstances, our bankruptcy attorney in New Jersey may even be able to recover your car after repossession and consolidate the balance of your car loan.

Preventing Utility Shutoffs works under both Chapter 13 and Chapter 7

Worrying about utility shutoffs? Filing a Chapter 13 bankruptcy can stop creditors from shutting off your utility service. Contact our bankruptcy attorney in New Jersey today to prevent a disruptive utility shutoff before it’s too late. We have three offices in New Jersey to serve you better.

Eliminating Debt works under both Chapter 7 and 13, but there are differences.

Debts like credit cards, pay-day loans, medical bills, lawsuits, utility bills, repossessions or foreclosure deficiencies can be eliminated for a fraction of what you owe.

What is Bankruptcy? Ask a Bankruptcy Attorney in New Jersey - The Law Offices of Patel & Cardenas (2024)

FAQs

What is the difference between business bankruptcy Chapter 7 and 13? ›

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

What is under Chapter 13 of the bankruptcy code? ›

This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.

Is Chapter 13 bankruptcy liquidation? ›

Chapter 7 and Chapter 13 bankruptcy handle eliminating your debt differently. With Chapter 7, unsecured debts are discharged and assets may be liquidated to repay your creditors. On the other hand, with Chapter 13, you keep assets but must submit to a plan to repay creditors.

What is restructuring law? ›

Restructuring and insolvency lawyers act for clients (either individuals or companies) in financial difficulties. Restructuring is usually the first stage in the process of agreeing a way forward with creditors in order to manage repayment of the debt, without the client becoming insolvent.

What assets do you lose in Chapter 7? ›

Chapter 7 bankruptcy is a type of bankruptcy filing commonly referred to as liquidation because it involves selling the debtor's assets in bankruptcy. Assets, like real estate, vehicles, and business-related property, are included in a Chapter 7 filing.

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

What is the bankruptcy code 11? ›

A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains “in possession,” has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.

What is Section 1111 of the Bankruptcy Code? ›

Section 1111 - Claims and interests (a) A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules filed under section 521(a)(1) or 1106(a)(2) of this title, except a claim or interest that is scheduled as disputed, contingent, or unliquidated.

How much cash can you keep when filing Chapter 13? ›

Under Chapter 13, you also have the $550 cash exemption along with a wildcard exemption up to $1,475, allowing you to keep $2,025 in cash under Chapter 13. However, when filing for Chapter 13 bankruptcy, you can claim and exempt 75 percent of the wages you earned in the preceding 30 days.

Does a Chapter 13 erase all debt? ›

Whether it's a Chapter 13 or 7 or 11, no bankruptcy filing eliminates all debts. Child support and alimony payments aren't dischargeable, nor are student loans and most taxes. But bankruptcy can eliminate many other debts, though it will likely make it harder for you to borrow in the future.

How much would my Chapter 13 payment be? ›

To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.

Which is better, Chapter 7 or 13? ›

Of the two options, Chapter 7 is more popular because filers don't have to pay back part of their debts. Chapter 13 may be a better solution if you're in arrears on your mortgage because you can keep your house in Chapter 13 and have time to get caught up on payments.

What are the three forms of restructuring? ›

https://www.investopedia.com/terms/r/restructuring.asp  However, downsizing, downscoping, and leveraged buyouts are also valid types of restructuring strategies that are commonly used by companies. Downsizing involves reducing the size of a company's workforce or operations to cut costs or improve efficiency.

What are the three types of debt restructuring explain? ›

Restructuring normally is accomplished in three ways: via an extension, a composition, or a debt-for-equity swap. An extension occurs when creditors agree to lengthen the debtor firm's repayment period. Creditors often agree to suspend temporarily both interest and principal repayments.

What are the four steps of restructuring? ›

  • 2 / Four steps to an effective restructuring. Companies should take a more sustainable approach. ...
  • STEP 1: ASSEMBLE YOUR TEAM. ...
  • 3 / Four steps to an effective restructuring.
  • STEP 2: GET A CLEAR PICTURE OF YOUR.
  • STEP 3: MAP OUT YOUR OPTIONS. ...
  • STEP 4: EXECUTE YOUR PLANS. ...
  • 4 / Four steps to an effective restructuring.

How does Chapter 13 affect your business? ›

If you file a Chapter 13, you can continue to operate your business during your Chapter 13 bankruptcy case with two caveats: First, your business must be generating net income for you (and not generating ongoing tax or other liabilities); and second, your Chapter 13 plan must distribute as much to your unsecured ...

What happens to my business if I file Chapter 7? ›

If you're a business owner and you file a personal Chapter 7 bankruptcy, you might be able to keep your business. But it could put the company in jeopardy. You'll lose the business if the Chapter 7 trustee can sell any of the following: the company itself.

What does Chapter 7 bankruptcy mean for a business? ›

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code.

Is Chapter 13 a personal or business? ›

If your business isn't a sole proprietorship, the short answer is no—Chapter 13 bankruptcy is for individuals and sole proprietors only. However, a business owner can file for Chapter 13 personally. Sometimes, having less personal debt to pay can be enough to help a business survive.

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