Category Archives: Bankruptcy Consultation

Confused About Bankruptcy? The Means Test Explained (Especially for Chapter 7 and 13)

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Drowning in debt? You’re not alone. Many people explore bankruptcy as a way to get a fresh financial start. But before diving in, understanding the different types of bankruptcy and the mysterious “means test” is crucial. This blog post will explain what the means test is and how it applies to both Chapter 7 and Chapter 13 bankruptcy, the two most common types for individuals.

What is the Means Test?

Imagine the means test as a financial hurdle you might need to jump over to qualify for Chapter 7 bankruptcy. It’s a way for the court to assess your ability to repay a portion of your debts through a repayment plan. The test compares your average monthly income from the past 6 months to the median income for your household size in your state.

Why Does the Means Test Matter?

The means test plays a significant role in determining which Chapter of bankruptcy – 7 or 13 – is best suited for you. Here’s how it applies to each:

  • Chapter 7 Bankruptcy (Liquidation): This is often called a “fresh start” bankruptcy because it allows you to discharge most unsecured debts like credit cards, medical bills, and personal loans. The good news? You might not even need to take the means test!

Here’s the catch: If your income is above the median income for your household size in your state, you’ll likely have to take the means test. If the test shows you have enough disposable income (money left after essential expenses) to repay some debts, the court may steer you towards Chapter 13 instead.

  • Chapter 13 Bankruptcy (Repayment Plan): This Chapter allows you to create a manageable repayment plan (usually 3-5 years) to pay back your creditors a portion of what you owe. Here, the means test is less of a hurdle and more of a helpful tool. It ensures you have enough income to sustain a repayment plan while still covering living expenses.

The Bottom Line:

  • Chapter 7: If your income falls below the median or you have high debt with limited assets, Chapter 7 might be the way to go. However, you might need to pass the means test if your income is above the median.
  • Chapter 13: Choose Chapter 13 if you want to keep your assets (like your car or house) and have a steady income to contribute to a repayment plan. The means test helps ensure you can realistically stay on track with the plan.

Remember:

  • The means test is just one factor in determining your bankruptcy eligibility.
  • Speak with a qualified bankruptcy attorney to understand your options and navigate the complex legalities of bankruptcy.

Looking for More Information?

  • National Consumer Law Center: Means Test Information [invalid URL removed]
  • American Bankruptcy Institute: Chapter 7 vs. Chapter 13 [invalid URL removed]

By understanding the means test and the two main types of bankruptcy, you can make an informed decision about your financial future. Remember, you’re not alone in this journey!

Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

Navigating Bankruptcy Choices: Deciphering Chapter 7 vs. Chapter 13

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Introduction

For the person who is facing financial turmoil, the decision to file for bankruptcy is one fraught with complexity and nuance. Amidst the myriad considerations, understanding the distinctions between Chapter 7 and Chapter 13 bankruptcy is paramount. In this comprehensive guide, we’ll unravel the intricacies of these two bankruptcy chapters, equipping you with the knowledge to make a well-informed decision tailored to your unique circumstances.

Chapter 7 Bankruptcy: The Liquidation Option

Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” entails the liquidation of non-exempt assets to settle debts. This option is ideal for individuals seeking a fresh start without the burden of a repayment plan. People who are facing overwhelming debt may find Chapter 7 appealing for its expediency and potential for a swift resolution.

Determining Eligibility for Chapter 7

Individuals considering Chapter 7 must meet certain eligibility criteria, including passing the means test. This test evaluates your income relative to the median income in your state and determines your ability to repay debts. Understanding your eligibility is crucial in determining whether Chapter 7 is a viable option for your financial situation.

Pros and Cons of Chapter 7

  • Pros: Quick resolution, discharge of most unsecured debts, immediate relief from creditor harassment.
  • Cons: Potential loss of non-exempt assets, limited options for debt repayment, impact on credit score.

Chapter 13 Bankruptcy: The Repayment Solution

Chapter 13 bankruptcy, often termed “reorganization bankruptcy,” involves creating a structured repayment plan to settle debts over a period of three to five years. This option is suitable for people with a steady income who wish to retain their assets and repay debts over time in a manageable way.

Crafting a Repayment Plan:

In Chapter 13 bankruptcy, an experienced bankruptcy attorney will evaluate any non-exempt assets and their client’s income to help develop a feasible repayment plan. Some negotiation with the bankruptcy trustee may be involved. This plan outlines how debts will be repaid, typically prioritizing tax debts and secured debts while accommodating essential living expenses.

Pros and Cons of Chapter 13:

  • Pros: Protection of assets, opportunity to catch up on mortgage or car payments, potential to discharge certain debts upon completion of the repayment plan.
  • Cons: Lengthy process, strict adherence to repayment plan, potential for higher overall payments compared to Chapter 7.

Determining the Best Option

Sophisticated individuals evaluating bankruptcy options must conduct a thorough assessment of their financial situation, considering factors such as income, assets, debts, and long-term financial goals. Consulting with a knowledgeable bankruptcy attorney is invaluable in navigating the complexities of Chapter 7 and Chapter 13, as well as exploring alternative solutions.

Making an Informed Decision

Ultimately, the decision to file for Chapter 7 or Chapter 13 bankruptcy hinges on a careful evaluation of the benefits, drawbacks, and suitability of each option to your unique circumstances. Bankruptcy can be used as a strategic tool to regain financial stability and pave the way for a brighter financial future.

Conclusion

Navigating the choice between Chapter 7 and Chapter 13 bankruptcy demands a nuanced understanding of each option’s implications. For the sophisticated individual, making an informed decision entails assessing eligibility, weighing the pros and cons, and aligning the chosen path with long-term financial objectives. With the guidance of a seasoned bankruptcy attorney, you can embark on the path towards financial recovery with clarity, confidence, and sophistication.

Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

New Jersey Judgments: A Basic Guide

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A judgment in New Jersey is a court order requiring a party (the debtor) to pay a sum of money to another party (the creditor). It’s essentially a legal pronouncement that one party owes the other, enforceable by the court.

Understanding how judgments work in New Jersey can be crucial, whether you’re facing a potential judgment against you or trying to collect on one yourself. Here’s a breakdown of the key elements:

Types of Judgments:

  • Money Judgments: These are the most common, ordering the debtor to pay a specific amount of money. (Think unpaid credit card bills or breach of contract damages.)
  • Non-Money Judgments: These require the debtor to perform a specific action, like returning stolen property or complying with a contract term.

The Judgment Process:

  1. Lawsuit: The creditor files a lawsuit against the debtor in the appropriate court.
  2. Trial or Settlement: The case goes to trial or the parties reach a settlement agreement.
  3. Judgment Issued: If the creditor wins, the court issues a judgment in their favor, specifying the amount owed by the debtor.

Collecting on a Judgment:

Once a judgment is in place, the creditor can take various steps to collect the debt, including:

  • Wage Garnishment: Court order requiring the debtor’s employer to withhold a portion of their wages and pay it directly to the creditor.
  • Bank Levy: Court order to freeze and seize funds in the debtor’s bank accounts.
  • Property Lien: Placing a legal claim against the debtor’s real estate or other property, potentially leading to foreclosure or repossession if the debt isn’t paid.

Important Things to Remember:

  • Judgments in New Jersey remain valid for 20 years and can be renewed for another 20 years.
  • Debtors have certain rights, including the ability to appeal the judgment or file for bankruptcy protection.
  • There are exemptions that protect certain assets from being seized to satisfy a judgment, such as a primary residence and personal belongings up to a certain value.

Seeking Legal Help:

Navigating the complexities of judgments can be daunting. If you are facing a judgment or have questions about collecting on one, seeking assistance from a qualified New Jersey attorney is highly recommended.

Additional Resources:

Remember: Knowing your rights and understanding the legal process empowers you to navigate the landscape of New Jersey judgments with confidence.

I hope this information provides a helpful overview of New Jersey judgments. Please note that this is not a substitute for professional legal advice.

Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

How to Work with a New Jersey Bankruptcy Lawyer

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Introduction

In times of financial hardship, seeking the guidance of a consumer bankruptcy attorney can be a crucial step towards regaining control over your financial future. Whether you’re considering filing for Chapter 7 or Chapter 13 bankruptcy, understanding how to work effectively with a bankruptcy attorney is key to a successful outcome. In this guide, we’ll explore the best practices for collaborating with a consumer bankruptcy attorney to ensure a smooth and efficient process.

  1. Research and Choose the Right Attorney: Start by researching reputable consumer bankruptcy attorneys in your area. Look for reviews, testimonials, and recommendations from trusted sources. Choosing an experienced attorney who focuses on bankruptcy law will significantly enhance your chances of a successful case.
  2. Initial Consultation: Schedule an initial consultation with your chosen attorney. This is an opportunity to discuss your financial situation openly and candidly. Be prepared to share details about your expenses, creditors, and any legal actions taken against you.
  3. Transparent Communication: Open and honest communication is the cornerstone of a successful attorney-client relationship. Clearly articulate your financial goals, concerns, and any specific challenges you may be facing. The more information you provide, the better equipped your attorney will be to navigate your case effectively.
  4. Understand Your Options: Your attorney will explain the differences between Chapter 7 and Chapter 13 bankruptcy and help you determine which option aligns best with your financial circumstances. Make sure you understand the implications of each chapter, including the impact on your assets, debts, and credit score.
  5. Follow Legal Advice: Once you’ve decided on a course of action, follow your attorney’s legal advice diligently. This may include gathering additional documentation, attending credit counseling courses, or making necessary financial adjustments. Trust your attorney’s expertise in guiding you through the complexities of bankruptcy law.
  6. Timely Documentation Submission: Ensure that you promptly provide all requested documentation to your attorney. Timely submission of required paperwork is essential for meeting court deadlines and ensuring the efficiency of the bankruptcy process.
  7. Attend Meetings and Hearings: Be present for all required meetings and hearings. Your attorney will guide you on what to expect and how to prepare. Demonstrating your commitment to the process will strengthen your case and contribute to a positive outcome.
  8. Stay Informed: Stay informed about the progress of your case. Regularly communicate with your attorney to receive updates, ask questions, and address any concerns you may have. Understanding the status of your bankruptcy proceedings will empower you to make informed decisions.
  9. Post-Bankruptcy Planning: Work with your attorney to develop a post-bankruptcy financial plan. This may include rebuilding your credit, managing expenses, and establishing a solid financial foundation for the future.

Conclusion: Collaborating effectively with a consumer bankruptcy attorney is crucial for a successful bankruptcy filing. By choosing the right attorney, maintaining open communication, and following legal advice diligently, you can navigate the bankruptcy process with confidence, ultimately achieving the financial fresh start you deserve. Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

5 Tips For A Smooth Bankruptcy Case

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Here are 5 tips for a smooth bankruptcy case that you can implement both before and after you’ve hired a bankruptcy attorney.

Tip #1: Have You Filed Bankruptcy Before?

If you have filed bankruptcy in the past, whether or not you received a discharge, you should immediately tell your attorney about the prior bankruptcy. This is important because it can affect how long you must wait before filing a new bankruptcy case, if you want to receive a discharge in the new case. Prior cases can affect other things, including, but not limited to, the length of time creditor must stop trying to collect debts from you.

If you’ve had a prior bankruptcy filing, your bankruptcy attorney should advise you about whether a new bankruptcy filing is a good idea for you and if so, when you should file the new case.

Tip #2: Don’t Repay Relatives Before Filing

If you are considering filing for bankruptcy and you owe money to relatives, don’t repay them before you file the bankruptcy. Instead, tell your bankruptcy attorney about these kinds of debts and ask them what to do. There are special bankruptcy rules about repaying relatives before bankruptcy and, if you do the wrong thing, the bankruptcy trustee can try and recoup the money you’ve repaid from that relative.

You may be able to easily repay that relative after your bankruptcy is finished, or in the case of a Ch. 13, during the bankruptcy. Ask your bankruptcy attorney for advice first before making any payments to relatives, to avoid any special difficulties such as the trustee wanting to sue your relative to claw back those funds.

Tip #3: Decide Whether To Keep Your Car

Whether to keep your car may be obvious to you, but it’s worth asking your bankruptcy attorney about your options. It is important to know that if you want to keep your car, and you took out a loan for that car, you must keep making all of your car payments in full and on time.

While bankruptcy gives you a break from your debts, you cannot get behind in your car payments when you expect to keep your car. If you’re behind on your car payments during your bankruptcy, then at some point, your car lender will be able to repossess your car.

If you have very high car payments or if your car is too expensive to keep due to repair problems, then discuss with your bankruptcy attorney the timing of getting rid of the car and of getting a replacement, if needed. If you’re doing a Ch. 13 case, you may be able to cram down the car loan closer to the actual value of the car.

Tip #4: Don’t give away or otherwise transfer any property

Especially before filing the bankruptcy, do not give away or transfer any property, such as real estate, a car, money, etc. If you are in doubt about whether you can, or should, transfer something you own out of your name and into someone else’s name, ask a bankruptcy attorney for advice first.

Transferring property to someone else can be a big problem that can prevent you from filing bankruptcy or get you into big trouble in your bankruptcy case. Some people naturally believe that the less they own on filing bankruptcy, the better. While that may be the case to some extent, it is far worse to have transferred something valuable out of your name just so that you didn’t own it at the time your bankruptcy was filed. This can lead to allegations of bankruptcy fraud, which will cause you a lot bigger problems than if you had never made the transfer in the first place.

Tip #5: Don’t Borrow Any More Money

Generally, you should not borrow money soon before filing your bankruptcy case. For most people, this means not using your credit cards anymore. There are detailed nuances to this general rule that you should discuss with your bankruptcy attorney, so be sure to ask for advice if you already have used credit cards recently, or if you feel that you need to do so.

If you need to discuss issues with a bankruptcy attorney, schedule a free phone consultation with attorney Jennifer N. Weil through her Setmore page or by calling (201) 676-0722.

Your Bankruptcy Consultation: The 3 Main Topics

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What happens at a bankruptcy consultation? The answer to this question is different depending on who the bankruptcy consultation is with, whether the consultation is in person or by phone, and what systems the bankruptcy attorney has set up for the consultation. I can give you some general insight as well as information about how I conduct my own bankruptcy consultations.

Consultation Fees

Many, but not all, bankruptcy attorneys do some sort of free consultation. The attorneys who don’t do free consultations aren’t necessarily more expensive; often, those attorneys feel that they are giving more value during the consultation phase, so they should charge a fee. Or they feel that they shouldn’t give away their time. There may be an incentive built into the consultation fee in the sense that the attorney may credit such a fee against the entire bankruptcy attorney fee if you hire them.

As of yet, I don’t charge bankruptcy consultation fees for the most part for a couple of reasons: First, I do all my bankruptcy consultations over a relatively short phone call and not in person. In-person consultations take up far more of my time and I always charge for those. This doesn’t mean that I do all my phone consultations for free. I may charge a small fee for other types of consultations, such as student-loan consultations, since I’m providing a lot of value during those sessions.

Second, I see the primary purpose of the bankruptcy phone consultation as determining whether your case is one that I am able to take. I ask enough questions to enable me to determine whether the case is one that I have the time for and whether it is of the type that I want to take. For example, if your primary reason for calling is to get help with keeping your home through a mortgage foreclosure, I’m probably not the lawyer for you, since I generally don’t like to take those cases. But I may have a good lawyer referral or two for you!

Discussing Your Situation

The facts of your particular financial situation will come up during the bankruptcy consultation. A variety of issues are relevant to your financial situation and to a potential bankruptcy case, the most basic of which are how much money you make and what kind of debts you would like to have discharged in bankruptcy.

Not by any stretch of the imagination are these the only two issues that will come into play in your bankruptcy case, but they are a good place to start. You should be psychologically prepared to answer all sorts of questions about your financial affairs that would be inappropriate in a social setting. Think about what you own that might have any resale value, how you incurred your debts, whether you are or have been involved in a business of any kind and with whom, whether your spouse has anything to say about you filing for bankruptcy, etc.

All the different factors that could possibly come into play regarding your financial situation are too numerous and varied to list here. Just remember that anything and everything impacting your overall financial situation is potentially relevant and don’t forget to bring it up with the bankruptcy attorney at some point.

Eligibility For Bankruptcy

One topic that’s relevant to every bankruptcy consultation is your eligibility for bankruptcy, which also ties into the question of which chapter you might file.

Sometimes, your financial goals might dictate which chapter you should file, such as saving a home from foreclosure, for example. But there’s also the question of which chapter you are eligible to file, if any.

During the bankruptcy consultation, the attorney might unearth information showing that you aren’t eligible for the chapter you had hoped to file, or that a different chapter of bankruptcy would be better for your situation. Or they might find that bankruptcy is a bad idea for you altogether.

If your gross (before tax) income is close to the line of eligibility, the attorney may want to run the means test for you. Running the means test is not simple or quick and you should expect to pay a fee for this process. In my practice, I roll this fee into the bankruptcy, if the client hires me to file their case.

Call to schedule a free telephone bankruptcy consultation with attorney Jennifer Weil at (201) 676-0722.