Category Archives: Chapter 7

Got real estate? Tell your bankruptcy attorney ASAP.

The first step to take when you are contemplating bankruptcy and you own some real estate.

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Will I be able to keep anything when I file for bankruptcy?

Can you keep your property through a Chapter 7 bankruptcy? The short answer to this question is: Maybe. It depends on your situation.
This is what something called “exemptions” are for. The way I explain it to clients is this: When you file for bankruptcy, something called the “bankruptcy estate” is [...]

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Fourteen things you can do to kick-start the New Jersey bankruptcy process

A handy list of things you will need to start your bankruptcy case in New Jersey.

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How much do I need to owe to file for bankruptcy?

Many people who call are concerned about their eligibility for a Chapter 7 bankruptcy and wonder if their level of debt will allow them to file for bankruptcy.
The answer is that there is no minimum debt amount required to file a Chapter 7 bankruptcy. A more important issue is whether you earn enough income [...]

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How long does bankruptcy take?

Once a Chapter 7 bankruptcy is filed, it takes a day or two to receive notice of the date and time for the meeting of creditors, which is generally scheduled two to three weeks away from the filing date.
Once the meeting of creditors takes place and assuming there are no complicating factors in your Chapter [...]

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Do I have to go to court when I file for bankruptcy?

Most bankruptcy filers do not have to go to court.
Instead, every Chapter 7 case will be scheduled for a meeting of creditors, which does not take place in a courthouse. In Newark, New Jersey, the meetings of creditors take place in a downtown office building. Most large creditors (such as credit card companies) [...]

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How to choose which debts to list in your bankruptcy papers

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Which debts should you put in the bankruptcy and which ones should you leave out?
Answer: You are required to list all of your debts in your bankruptcy papers! It is a common notion that you are allowed to keep some debts out of your bankruptcy by not listing them [...]

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How to recognize an abusive bankruptcy filing

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What is an abusive bankruptcy filing? When does a bankruptcy court consider a debtor’s Chapter 7 filing to be an abuse of the bankruptcy process?
A bankruptcy court will look at whether the person filing the bankruptcy acted in bad faith and at the entire circumstances surrounding the debtor’s financial situation.
A [...]

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How I work with clients

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How do I work with clients on consumer bankruptcy cases? I like to take a personalized approach. It depends on the client. Some people like to meet more often with their bankruptcy attorneys than others. I do my best to accommodate this.
But others just don’t have the time for [...]

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Would you like to repay Aunt Sally before filing bankruptcy? Read this first.

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The whole issue of whether you should repay someone to whom you owe money before you actually file for Chapter 7 bankruptcy is more complex than it looks at first glance. I introduced the issue in a previous post about repaying debts before bankruptcy, but there is a lot of detail here [...]

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