Bankruptcy Law

As an experienced New Jersey bankruptcy attorney, I understand that financial problems can happen to good families who work hard, and am dedicated to helping people save their homes and get back on their feet by offering solutions, not just a “quick fix.”

I have successfully represented individual and commercial clients in bankruptcy proceedings for over twenty-five years. I offer full-service bankruptcy representation at reasonable fees.

Let me help you with all of your New Jersey Bankruptcy issues, including:

Chapter 7 Bankruptcy: Liquidation Bankruptcy For Consumers and Businesses

Chapter 13 Bankruptcy: Reorganization or Repayment Bankruptcy For Consumers

Chapter 11 Bankruptcy: Reorganization Bankruptcy For Businesses

Evictions

Repossessions

Foreclosures and Sheriff’s Sales

Utility Shutoffs

Mortgage Disputes and Problems

Collector and Creditor Harassment

Landlord/Tenant Problems

Tax and IRS Problems

Liens and Judgments

DMV Surcharges

Restoring Driving Privileges

Wage Garnishment

Lawsuits

Debt Consolidation

When you come in for your free consultation, I will go over your personal situation and explain how bankruptcy may affect your debts, assets and property. I will not recommend bankruptcy unless you need it. I will also explain your non-bankruptcy alternatives. My aim is to provide the very best counsel to my clients and be as objective as possible about your options.

At the end of your consultation, if you decide that bankruptcy is your best option, I will help you decide how to proceed. I will quote you a reasonable rate based on the circumstances of your case. Together we determine if this is the best course of action for you. Payment plans are available.

There is no cost or obligation, and your information will be kept strictly confidential.

You are under no obligation and, whatever you decide, my advice during the consultation is free. We will discuss the issue of credit and we will examine your current credit. We will evaluate how bankruptcy may affect your credit and the factors involved in reestablishing your credit. As a practical matter, you won’t file a bankruptcy unless you can’t pay your bills.

Financial problems can be very stressful. You should not feel alone or embarrassed about considering bankruptcy. It is only natural that you would prefer to pay your bills, but bankruptcy may be your best option if you are not able to solve your financial problems on your own. Most people honestly want to pay their bills. Sometimes things happen that make it impossible. As I have experienced throughout the years, bad things can happen to good people. Bankruptcy is a legal right that is provided for in the United States Constitution. Bankruptcy is a right that protects honest people who are unable to pay their bills from harassment, lawsuits, wage garnishment and other creditor actions. Bankruptcy can give people a fresh start.

As of October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act took effect, enforcing tougher restrictions on consumers trying to file under Chapter 7 bankruptcy. Most people who qualified for bankruptcy before the law changed will still qualify now. I will advise you of your legal rights under these new bankruptcy laws and will fight to keep your bankruptcy rights protected in the future.

From the time you provide all needed materials to my office, your bankruptcy petition will be ready within two or three business days. I do not send a packet of materials or forms to our clients to fill out, nor do I use paralegals to draft your documents. I am extremely accessible by both telephone and email.

I am a member of The National Association of Consumer Bankruptcy Attorneys, The American Bankruptcy Institute, and am a Two-time Barrister of the Bankruptcy Inns of Court.

New Jersey Bankruptcy Law

Many taxes are eliminated in bankruptcy. There are several complex rules that apply. Eliminating taxes depends on how old the taxes are, when the returns were filed, whether the taxes have been assessed, and the type of taxes. Both federal and state income taxes can potentially be eliminated in bankruptcy. Even in cases where the taxes cannot be eliminated, it's often possible to force a payment plan on the IRS and stop interest and penalties from being added to the bill.

Certain debts can't be eliminated in Chapter 7 bankruptcy. They include child support, alimony, fines, restitution, some taxes, loans obtained by fraud, student loans, debts due to a DWI, and debts resulting from “willful and malicious” harm. Some of these can be handled effectively in a Chapter 13 bankruptcy.

The Most Common Types of Bankruptcy Proceedings:

Chapter 7 - New Jersey Bankruptcy Law

If you are being crippled by high credit card debt or medical bills, Chapter 7 may be a way for you to discharge those debts. Also called a “fresh start,” Chapter 7 cases are typically resolved 5 months after the filing date at which time you will receive a Discharge. You will receive a bankruptcy discharge and your obligation to the discharged debts will be over. This is the most common and most cost-effective type of bankruptcy.

Many people believe they cannot own anything after a bankruptcy. In fact, you can keep the property that is protected in the bankruptcy, and generally anything you acquire after the bankruptcy. The day your bankruptcy is filed acts as a cut-off date. Anything you earn after the filing date is yours. Anything that you own or have owed to you before the case is filed is subject to the bankruptcy laws. Most assets are protected.

Chapter 13 - New Jersey Bankruptcy Law

A person may use Chapter 13 as a personal reorganization. If you are facing foreclosure on your home, auto repossessions or tax debts, Chapter 13 can help give you some “breathing room.” Almost all people who file Chapter 13 keep their assets.

Chapter 13 debtors use this provision of the Bankruptcy Code to save homes from foreclosure or cars from repossession by filing a Chapter 13 plan along with their bankruptcy petition. There are many other good reasons to file Chapter 13 but these are the two major ones. People get 3 to 5 years to catch up on missed payments while making regular current payments on mortgages and car or other loans. People who file Chapter 13 bankruptcy cases get to keep most if not all of their property so long as they make the payments called for under their Chapter 13 plan.

Once in Chapter 13, you must remain current on your future obligations, such as mortgage payments, vehicle payments, and current taxes. Failure to remain current on post-petition obligations constitutes grounds to either permit secured lenders to foreclose or repossess their collateral or to dismiss the case from bankruptcy altogether.

After you have made all payments called for in the plan and the trustee has disbursed the money to creditors, the debtor will be sent a discharge. No longer is any money owed except for mortgages.

Chapter 11- New Jersey Bankruptcy Law

Chapter 11 is a reorganization mostly utilized by corporations and partnerships because these types of entities are not eligible to file for Chapter 13, which is much less costly. As a New Jersey Chapter 11 bankruptcy attorney, I can help guide you through the process:

Petitions

Motions for Relief from Stay

Objections to Discharge

Adversary Complaints

Bankruptcy Fraud

I am fortunate to have many clients who consider me their family lawyer. I want to be your attorney of first choice whether you need representation as a corporation, small business, or individual. Contact me for your free consultation today.

I am a member of The National Association of Consumer Bankruptcy Attorneys, The American Bankruptcy Institute, and am a Two-time Barrister of the Bankruptcy Inns of Court.

Required Federal disclosure: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."