Category Archives: bankruptcy lawyer

The Elements of a Successful Consumer Bankruptcy Filing: A Complete Guide

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Filing for bankruptcy can be a complex process, but with careful preparation and the right guidance, it can provide the financial relief you need. If you’re considering filing for Chapter 7 or Chapter 13 bankruptcy, understanding the elements of a successful bankruptcy case can help you navigate the process with confidence. In this guide, we’ll explain what information you need to provide, what your bankruptcy attorney and trustee will require, and how all this information is formulated into your bankruptcy filing with the court.

1. Initial Consultation with a Bankruptcy Attorney

Before filing for bankruptcy, the first step is to consult with a qualified bankruptcy attorney. During this initial meeting, your attorney will assess your financial situation to determine whether bankruptcy is the best option for you and, if so, whether Chapter 7 or Chapter 13 is the most suitable type of filing.

Information Your Bankruptcy Attorney Needs

To give you the best advice and start preparing your case, your attorney will need detailed information, including:

  • Personal Identification: Your Social Security number, driver’s license, and proof of residency.
  • Financial Documents: Recent pay stubs, tax returns (usually for the last two years), bank statements, and profit and loss statements if you’re self-employed.
  • List of Debts: A comprehensive list of all your debts, including credit cards, medical bills, student loans, mortgages, auto loans, personal loans, and any other outstanding liabilities.
  • Assets and Property Information: Details about your property, including real estate, vehicles, savings accounts, retirement accounts, valuable personal belongings (like jewelry or collectibles), and any other significant assets.
  • Monthly Budget: A breakdown of your income and expenses, including rent or mortgage payments, utilities, groceries, healthcare costs, and any other regular expenses.
  • Legal Documents: Copies of lawsuits, judgments, garnishments, foreclosure notices, or repossession letters if applicable.

This information helps your attorney determine whether you qualify for Chapter 7 or Chapter 13 bankruptcy and whether any of your assets can be protected through exemptions.

2. Completing the Means Test (for Chapter 7 Filers)

If you’re filing for Chapter 7 bankruptcy, you must pass the means test to prove that your income is low enough to qualify. The means test compares your income to the median income for your household size in your state. If your income is below the state median, you may qualify for Chapter 7; if it’s above, you may need to explore Chapter 13 or another debt relief option.

The means test involves:

  • Calculating Average Monthly Income: Reviewing your income over the past six months to determine if it falls below the threshold.
  • Accounting for Allowable Expenses: Deducting certain allowable expenses from your income, such as rent, utilities, healthcare, and transportation, to determine your disposable income.

Your bankruptcy attorney will guide you through this process and help you gather the necessary documentation.

3. Preparing the Bankruptcy Petition

Once your attorney has collected all the necessary information, they will prepare your bankruptcy petition. This document is the core of your bankruptcy case and includes the following schedules:

  • Schedule A/B (Assets): A detailed list of all your assets.
  • Schedule C (Exemptions): Identifying the property you’re allowed to keep under state or federal exemption laws.
  • Schedule D (Secured Debts): Listing any debts secured by collateral, such as mortgages and car loans.
  • Schedule E/F (Unsecured Debts): Detailing unsecured debts, like credit cards, medical bills, and personal loans.
  • Schedule I (Income) and Schedule J (Expenses): Outlining your monthly income and living expenses.

Once completed, your attorney will file the petition with the Bankruptcy Court. This officially initiates your bankruptcy case and triggers the automatic stay, which halts collection actions, wage garnishments, and creditor harassment.

4. The Role of the Bankruptcy Trustee

After your case is filed, the court will assign a bankruptcy trustee to oversee your case. The trustee’s job is to review your bankruptcy petition, ensure it’s accurate, and determine if there are any assets available to distribute to creditors.

What Information Does the Trustee Need?

The trustee will request the following documents:

  • Proof of Income: Recent pay stubs, tax returns, and bank statements to verify your financial situation.
  • Proof of Assets: Documentation for any significant assets, like property deeds, car titles, or retirement account statements.

The trustee will review these documents before your 341 Meeting of Creditors, which is a mandatory part of the bankruptcy process.

5. The 341 Meeting of Creditors

About 30 to 45 days after you file for bankruptcy, you’ll attend a 341 Meeting of Creditors. This is a relatively informal meeting where the trustee and any creditors who choose to attend can ask you questions about your finances and bankruptcy filing.

What to Expect During the Meeting

  • The trustee will ask you questions under oath to confirm the accuracy of your petition.
  • Creditors may ask questions, though they rarely attend in consumer bankruptcy cases.
  • The meeting usually lasts about 10 to 15 minutes.

It’s crucial to bring all requested documents and answer questions honestly. Your attorney will attend this meeting with you to provide support and ensure everything goes smoothly.

6. Debtor Education Course

After the 341 meeting, you must complete a debtor education course before receiving a discharge of your debts. This course is designed to teach you about budgeting, credit management, and financial planning to help you avoid future financial difficulties. Once completed, you’ll receive a certificate that must be filed with the court.

7. Receiving Your Bankruptcy Discharge

If everything goes smoothly, and the trustee finds no issues with your case, you’ll receive a discharge order from the court. This typically happens:

  • Chapter 7: Within 3 to 4 months after filing.
  • Chapter 13: After successfully completing your repayment plan, which lasts 3 to 5 years.

The discharge order officially wipes out your eligible debts, giving you a fresh financial start.

Key Takeaways for a Successful Bankruptcy Filing

  • Provide Complete and Accurate Information: The success of your bankruptcy case relies on transparency. Be honest and thorough when providing information to your attorney and trustee.
  • Respond Promptly to Requests: Whether it’s your attorney or the trustee asking for documents, responding promptly helps keep your case on track.
  • Complete Required Courses: Fulfilling the credit counseling and debtor education requirements is essential to avoid delays or dismissal of your case.
  • Stay Organized: Keeping all your financial documents organized will make the process smoother and less stressful.

Conclusion

Filing for bankruptcy is a significant financial decision, but with careful preparation, it can offer the relief you need to rebuild your financial future. By understanding what’s involved in the process, from gathering information for your attorney to cooperating with the trustee and fulfilling court requirements, you can set yourself up for a successful bankruptcy filing.

If you’re considering bankruptcy, consult with a qualified attorney who can guide you through every step, ensuring that your case proceeds smoothly and results in the debt relief you’re seeking.

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.

Navigating the Bankruptcy Process: 10 Tips For Working With Your Attorney

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Here are some best practices for consumer bankruptcy clients when working with consumer bankruptcy attorneys:

  1. Choose the Right Attorney.

The most important step in working with a consumer bankruptcy attorney is to choose the right one. There are many factors to consider when making your decision, such as the attorney’s experience, fees, and geographic practice area. You should also make sure that you feel comfortable communicating with the attorney and that you trust them to represent your best interests.

  1. Be Honest and Upfront with Your Attorney.

Your attorney needs to have a complete and accurate understanding of your financial situation in order to properly represent you. This means being honest and upfront with them about your debts, assets, and income. Don’t try to hide anything from your attorney, as this could jeopardize your case.

  1. Gather Your Financial Documents.

Your attorney will need a variety of financial documents in order to prepare your bankruptcy petition. This includes things like your credit reports, bank statements, pay stubs, and tax returns. Start gathering these documents as soon as you start thinking about filing for bankruptcy.

  1. Be Prepared to Answer Questions.

Your attorney will have a lot of questions about your financial situation. Be prepared to answer these questions honestly and completely. The more information you can provide, the better your attorney will be able to represent you.

  1. Attend Meetings and Hearings.

You are required to attend certain meetings and hearings throughout the bankruptcy process. It is important to attend the meetings and hearings where your presence is required, as they are an important part of the process.

  1. Communicate with Your Attorney Regularly.

Keep your attorney updated on any changes to your financial situation. This includes things like new debts, new income, or changes to your living arrangements.

  1. Be Patient.

The bankruptcy process can take several months to complete. Be patient and understanding with your attorney as they work through the process.

  1. Don’t Make Any Major Financial Decisions Without Consulting with Your Attorney.

Before you make any major financial decisions, such as buying a car or taking out a loan, talk to your attorney. They can advise you on whether or not the decision is a good idea in light of your bankruptcy case. For example, there is a set procedure for buying a car while you are in a Chapter 13 bankruptcy case.

  1. Get Things in Writing.

Your attorney should provide you with certain documentation in writing. Be sure to pay close attention to these documents, which may include an agreement, a checklist, and a description of the different chapters of bankruptcy. These documents will help to avoid any misunderstandings later on.

  1. Follow Your Attorney’s Advice.

Your attorney is there to help you through the bankruptcy process. Follow their advice and you will be well on your way to a fresh start.

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

Chapter 13 vs. Chapter 7 Bankruptcy: Key Differences

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Introduction

Facing financial challenges can be overwhelming, but understanding your options is the first step toward a fresh start. In this blog post, we’ll explore key aspects of Chapter 13 and Chapter 7 bankruptcy, shedding light on income considerations, the filing process, and the significance of proof of claim. If you’re considering bankruptcy, this guide is your compass through the intricate terrain of financial relief.

Chapter 13 Bankruptcy: A Tailored Repayment Plan

Chapter 13 bankruptcy is often referred to as the “wage earner’s plan.” It allows individuals with a regular income to create a structured repayment plan spanning three to five years. This plan considers your income, expenses, and debts, providing a realistic path to regain financial stability.

Understanding the Role of Income in Chapter 13

Chapter 13 bankruptcy hinges on your ability to propose a feasible repayment plan based on your income. Your attorney will work closely with you to determine the appropriate monthly payments to creditors, aiming for a fair distribution of your disposable income.

Chapter 7 Bankruptcy: A Fresh Start through Liquidation

In contrast, Chapter 7 bankruptcy involves liquidating non-exempt assets to pay off creditors. This form of bankruptcy is suitable for individuals with minimal income or those facing overwhelming debt that cannot be realistically repaid. Most people do not have any of their assets liquidated, since the law contains exemptions that protect these assets. A bankruptcy attorney can work with you to determine the best way to exempt your assets.

Navigating the Filing Process

When filing for bankruptcy, it’s crucial to understand the nuances of Chapter 13 and Chapter 7. Your attorney will guide you through the documentation process, helping you compile the necessary information for a successful filing.

Filing for bankruptcy requires comprehensive financial disclosures, including income details, assets, debts, taxes, and living expenses. You and your attorney should ensure accurate and thorough documentation, optimizing your chances of a successful bankruptcy discharge.

Proof of Claim: Securing Creditors’ Interests

In both Chapter 13 and Chapter 7 bankruptcy, creditors play a vital role in the process. A proof of claim is a document filed by creditors outlining the amount owed by the debtor. This document is crucial in determining how assets are distributed or how much is repaid in Chapter 13 bankruptcy.

The Importance of Proof of Claim

Creditors must file a proof of claim to be eligible for a share of any funds available for distribution. This document details the nature of the debt and the amount owed, ensuring transparency in the bankruptcy process.

Your bankruptcy attorney will closely scrutinize proof of claims to protect your interests, questioning any discrepancies and advocating for a fair distribution of available assets or funds.

Conclusion: A Stepping Stone to Financial Recovery

Navigating the complexities of Chapter 13 and Chapter 7 bankruptcy requires professional guidance. A skilled bankruptcy attorney can tailor a strategy based on your income, shepherd you through the filing process, and advocate for your interests during the proof of claim stage. If you’re considering bankruptcy, seize the opportunity for a fresh financial start with the support of experienced legal counsel.

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

Why Bankruptcy Attorney Fees are a Wise Investment – A Guide to Debt Relief

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If you’re facing overwhelming debt, you may be considering various options for debt relief. While the cost of hiring a bankruptcy attorney may seem like an added expense, it can actually be a wise investment. In this post, I’ll explore why bankruptcy attorney fees are a good deal and how they can help you achieve a fresh start.

Expertise: Bankruptcy is a complex legal process, and working with an experienced attorney is crucial for ensuring a successful outcome. Attorneys are knowledgeable in bankruptcy law and can guide you through the process, meeting all necessary deadlines and requirements.

Protection: A bankruptcy attorney provides legal protection and representation in court. They can help protect your assets and negotiate with creditors on your behalf, ensuring your rights are protected and that you are not taken advantage of.

Fresh Start: Bankruptcy offers individuals a fresh start by discharging most unsecured debts, allowing you to rebuild your financial future. A bankruptcy attorney can help ensure the process is completed correctly and all of your debts are discharged.

Savings: While attorney fees may seem costly, the savings from a successful bankruptcy can often outweigh the cost. In many cases, individuals can save thousands of dollars by discharging their debts through bankruptcy instead of negotiating a settlement or paying off debts over a longer period.

In conclusion, hiring a bankruptcy attorney is a wise investment for individuals struggling with debt. With expert guidance, legal protection, a fresh start, and potential savings, bankruptcy attorney fees can be a good deal for those seeking debt relief. Find a reputable and experienced attorney to help guide you through the bankruptcy process.

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.

How To Solve Your Debt Problems: Making the Decision

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Many people will tell you that one type of solution for debt problems is better than others for several reasons: They’ll say that one solution is the best for your credit report; that one solution is cheaper than others; and even that morality favors one solution over others.

Considering Your Options

But when you are considering what to do about our overwhelming debt, it’s best to consider all of your options. That’s the only way to know what works best for you. You’ll want to avoid the disappointment that happens after you decide on an option and implement it, only to discover that it wasn’t the right way to go, especially after finding out about another solution that would’ve been a lot better.

When you’re solving debt problems, you need to consider all the relevant information up front in order to decide what’s right for you. Once you’ve chosen a path to solve those debt problems, it’s difficult, if not impossible, to go back and opt for a different solution.

How to Find The Right Solution For You

Finding the right solution means examining your entire financial situation, looking at everything you own and everything you owe. Then look at how all the available solutions would apply to your situation. Don’t leave out any potential solutions, no matter how crazy they sound: Compare the likely results of debt settlement, Chapter 7 bankruptcy, Chapter 13 bankruptcy, and of doing nothing at all. What are the effects of each solution on your overall financial health? On your credit? How much could each one cost, both over the long term and over the short term?

How To Gather Information

Make sure that you’re examining and comparing the facts of how each solution actually applies to your situation, not your hopes and fears around each of them. Get advice from people who know what happens when each solution is applied to your type of financial situation. Talk to someone who actually settles debts, not just someone who used a debt-settlement company or who works to sell a company’s debt-settlement services. Find out if that debt-settlement company you’re considering is operating legally in the State of New Jersey.

Talk to one or more bankruptcy attorneys. Find out if you qualify for bankruptcy. Find out what would happen to your financial situation under each of the different chapters of bankruptcy. Ask them what might happen if you sat back and did nothing. It might sound crazy, but doing nothing is a viable solution for some people.

When To Lay Out Your Hopes And Fears

Only after you objectively consider the facts, can you decide whether your hopes and fears are grounded in fact. Do your research. Talk to professionals who have seen situations like yours and who have seen the outcomes of the various solutions. Then decide.

If you need to speak with a professional who has helped others file bankruptcy, settle debts, and guided others in doing “nothing” about their debts, call and schedule a phone consultation with attorney Jennifer Weil at (201) 676-0722 or schedule your own phone call at my Setmore page.

Chapter 7 Bankruptcy After Closing Your Business – Factors to Consider

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Meta Description: Filing for Chapter 7 bankruptcy after shutting down your business may seem like the best option, but there are three key factors to consider: assets, taxes, and other non-dischargeable debts. Consult with a lawyer to determine what’s best for you.

Introduction:

Closing down a business can be a difficult and emotional experience. After all the hard work and effort put into making it successful, it can be tempting to file for Chapter 7 bankruptcy for a fresh start. However, it’s important to consider the consequences before making a decision. In this blog post, we will discuss three factors to consider when deciding whether Chapter 7 bankruptcy is the right choice for you after closing your business.

  1. Business Assets:

Chapter 7 bankruptcy is divided into two categories: “no asset” and “asset.” In a “no asset” case, the Chapter 7 trustee decides that none of your assets are worth taking and selling to pay creditors. On the other hand, if your recently closed business has assets that are not exempt and are worth the trustee’s effort to collect and liquidate, it’s important to discuss with a lawyer whether Chapter 7 is in your best interest compared to what would happen to those assets in a Chapter 13 case.

  1. Taxes:

Closed-business bankruptcy cases often involve tax debts. While some taxes can be discharged in a Chapter 7 case, most cannot. Chapter 13 is often a better way to deal with taxes as it will depend on the type of tax and a series of other factors such as the time the tax became due and whether a tax return was filed.

  1. Other Non-dischargeable Debts:

Closed-business bankruptcies can result in more creditor challenges to the discharge of debts compared to other bankruptcy cases. These challenges are usually based on allegations of fraud against the business owner. Depending on the nature of the allegations, Chapter 13 may give you certain legal and tactical advantages over Chapter 7.

Conclusion:

Filing for Chapter 7 bankruptcy after closing down your business may seem like the best option, but it’s important to consider all factors before making a decision. The three factors discussed in this blog post – business assets, taxes, and other non-dischargeable debts – can play a significant role in determining what is best for you. It’s recommended to consult with a lawyer to help you make an informed decision.

If you are considering bankruptcy, it’s worth discussing your options; make a free phone appointment with Jennifer N. Weil, Esq. by clicking here.

“If Only I’d Gone to See My Bankruptcy Attorney Sooner . . . “

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Those are the words I hate to hear from a new client.

Bankruptcy attorneys are in the business because we want to help people. It’s an emotionally tough area of law, dealing all the time with clients who are financially hurting. Usually my clients are also hurting in other ways that are related to the cause of their financial problems—illness, injury, divorce, a decline in business, or a job loss. What makes my day is to give great news to a client, that they will now get relief from their debts, or that there is a feasible plan to save their home, or to deal with their child support arrearage or their income tax debt.

The information I share with clients is what they are unaware of before they contact me and it is what they need to know. There may be tough choices to make. I am here to arm you with the law and to guide you through the process.

But the most frustrating situations for both me and my clients are when we find out that they have self-inflicted wounds. These wounds are the easily-preventable-but-now-it’s-too-late bad decisions they’ve made, often just a few months or weeks earlier, without getting legal advice beforehand.

Here’s are some of the most common issues:

1) Preferences:  If you pay a creditor any significant amount before filing a bankruptcy—especially a relative you hope not to involve in that bankruptcy—the bankruptcy trustee may well be able to force that relative, through a lawsuit if necessary, to pay to the trustee whatever amount you paid to that relative.  The trustee can then turn around and pay that money to your creditors.

2) Squandering exempt assets:  Many clients tell me that they have borrowed against or cashed in retirement funds in a desperate effort to pay their debts, using precious assets that would have been completely protected in the bankruptcy case they later file.  Unfortunately, these clients use their retirement money to pay debts that would have been discharged in their bankruptcy.

3) Rushing to sell a home:  Bankruptcy provides some extraordinary tools for dealing with debts that have attached as liens against your home, such as judgments and 2nd mortgages. If you hurriedly sell your home to avoid involving it in your bankruptcy case, or for some other reason, you could lose out on opportunities to save tens of thousands of dollars.

As you look at this list, notice that the legally and financially wrong choice is often what seems to be 1) the morally right one, and 2) the common-sense one. Doing what seems right and sensible can really backfire. But nothing takes the place of legal advice about your own unique situation from an experienced attorney. Avoid ever having to say “if only I had gone in sooner.”

Jennifer N. Weil, Esq. offers free bankruptcy consultations by telephone – please call (201) 676-0722.

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THE Goal of Bankruptcy: Discharge of Your Debts

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5708755837_b5af43415d_zMost, but not all, debts are written off, or “discharged,” in a bankruptcy case. Is there a simple way to know what will and what will not be discharged in a Chapter 7 bankruptcy?

No, not really.

I can give you a list of the categories of debts that can’t, or might not, be discharged, but some of those categories don’t have clear boundaries, and some depend on whether a creditor is going to challenge the discharge and how a judge might rule.

But why can’t it be simple? Here’s what you need to know:

1)  All debts are discharged, EXCEPT for those that fit within an exception.

2)  There ARE a lot of exceptions, BUT if you tell your attorney everything, you are likely to discover whether you have any debts that may not be discharged. Surprises are rare.

3)  Some debts are never discharged, NO MATTER WHAT: for example, child or spousal support, criminal fines and fees, and withholding taxes.

4)  Some debts are never discharged, but THAT’S ONLY IF the particular debt fits certain conditions: for example, income taxes, depending on conditions like how long ago the taxes were due and when the tax return was filed; and student loans, as long as conditions of “undue hardship” are not met.

5) Some debts are discharged, UNLESS timely challenged by the creditor and resulting in a ruling by the judge that the debt meets certain conditions involving fraud, misrepresentation, larceny, embezzlement, or intentional injury to person or property.

6)  A few debts (used to be many more) can’t be discharged in Chapter 7, BUT can be in Chapter 13: for example, divorce debts other than support.

The bad news: as simple as I would like to make it, determining what debts aren’t dischargeable isn’t simple. But there’s more good news than bad. First, for many people all the debts they want to discharge WILL be discharged. Second, an experienced bankruptcy attorney can predict which of your debts will be discharged. And third, if you have troublesome nondischargeable debts, Chapter 13 can be a decent way to keep those under control.

If you are in New Jersey and looking into bankruptcy, call Jennifer Weil now to schedule a consultation: (201) 676-0722.

 

Photo credit: Jason Meredith