Below Is A List of Facts About New Jersey Bankruptcy
- Bankruptcy stops debt collection and protects property.
- All assets and debts must listed on the petition.
- Husband and wife may file together or separately.
- Even though the husband may file without wife, or vise versa, both of their income must be included on the petition. This assumes that they are not separated.
- The bankruptcy code does not set forth a minimum amount of debt that is required for filing.
- Typically, a chapter 7 case requires one hearing and a chapter 13 case requires two hearings.
- The Trustee’s “Notice of Abandonment” means that the trustee is abandoning his right to property and does not mean that the debtor must abandon the property. In other words, “Notice of Abandonment” is a good thing, not bad.
- A chapter 7 will stop a foreclosure action, but not permit someone to permanently save a house with mortgage arrears.
- A chapter 13 will stop a foreclosure action, and may permit someone to permanently save a house with mortgage arrears.
- Typically, the chapter 7 process is about four months and the chapter 13 process is about thirty six to sixty months.
- Chapter 7 does not require any payments to be made.
- Although the filing of a chapter 7 bankruptcy petition stops an auto repossession, a chapter 7 does not allow a person to permanently save their auto, if there are payment arrears.
- Typically, a chapter 7 allows someone to eliminate unsecured debt, such as credit card debt.
- There are three bankruptcy courthouses in New Jersey, which are Newark, Trenton and Camden.
- The bankruptcy code lists certain debt that cannot be discharged or eliminated.
- Certain types of debt must be paid in a chapter 13.
- Even though a bankruptcy filing is included on one’s credit report, does not mean that the person cannot restore their credit and credit report.
- There are three New Jersey chapter 13 standing trustees, with one trustee handling all cases that are filed in each particular courthouse, as explained above
- There are numerous chapter 7 trustees that handle cases in each courthouse.
Robert Manchel is an experienced New Jersey Bankruptcy Lawyer. His telephone number is (866) 503-5655. Please call to discuss your bankruptcy protection options.