how to file bankruptcy in new jersey without a lawyer

by Marjory O'Conner 6 min read

Can you file bankruptcy alone?

1. You Can File Individually If You Are Married. Married couples have the freedom to file for bankruptcy together or individually. Couples typically file together when they have joint debts, but spouses can file by themselves if they choose to.Oct 18, 2017

How do I claim bankruptcy in NJ?

  1. Collect Your New Jersey Bankruptcy Documents. ...
  2. Take a Credit Counseling Course. ...
  3. Complete the Bankruptcy Forms. ...
  4. Get Your Filing Fee. ...
  5. Print Your Bankruptcy Forms. ...
  6. File Your Forms With the New Jersey Bankruptcy Court. ...
  7. Mail Documents to Your Trustee. ...
  8. Take a Debtor Education Course.
•
Feb 10, 2022

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:
  • 401k loans.
  • Other government debt such as fines and penalties.
  • Restitution for criminal acts.
  • Debt arising from fraud or false pretenses.
  • Debts you intentionally did not include in your bankruptcy forms.
  • Damages related to a DUI accident.
Nov 2, 2020

How do I file Chapter 7 with no money?

Eligible filers are able to file Chapter 7 for free. If your household income is less than 150% of the federal poverty level, you can ask the bankruptcy judge to waive your court fees with a simple application submitted along with your bankruptcy petition.Feb 8, 2022

How much does Chapter 7 cost in NJ?

Chapter 7 comes with a filing fee of $306 and this is when you surrender your non-exempt assets. Those assets will be sold and the proceeds will be used to pay your debts. Chapter 13 comes with a filing fee of $281 and this is when you make scheduled payments on a created 5-year payment plan.Jun 6, 2019

Do you have to go to court to file bankruptcy?

In the past, if you declared bankruptcy, you'd usually attend a court hearing. This is no longer the case and you won't have to attend a court. Instead, you submit an online application and an adjudicator will assess it. You'll be notified of the decision made by the adjudicator.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.Dec 12, 2021

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022

What bankruptcy clears all debt?

Chapter 7 bankruptcy
Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.Oct 20, 2020

How much does a lawyer charge for Chapter 7?

How much does it cost to file for bankruptcy?
Chapter 7Chapter 13
Filing fees$338$313
Attorney fees*$500 - $3,500$1,500 - $6,000
Total$838 - $3,838$1,813 - $6,313

What are the differences between Chapter 7 11 and 13 bankruptcies?

But when it comes to Chapter 11 vs. Chapter 13, the biggest difference is that Chapter 13 allows someone with regular income to make an adjustment to how they pay back some debts. Chapter 13 may be an option for individuals who fail the means test for Chapter 7.Jun 2, 2021

What is the means test for Chapter 7?

The full Means Test compares the debtor's income to their expenses to determine whether they should benefit from Chapter 7 relief based on their “disposable income.” Applying the Means Test involves deducting all household expenses from the debtor's gross income, including housing costs, utilities, medical expenses, ...

How much does a bankruptcy lawyer cost in New Jersey?

A Chapter 7 bankruptcy in New Jersey will cost you, on average, somewhere between $965 - $1550 in attorneys’ fees. Keep in mind, however, that no two cases are exactly the same.

How much does it cost to file for bankruptcy in New Jersey?

The biggest expense for folks filing Chapter 7 bankruptcy in New Jersey usually takes the form of attorney's fees, followed by the $338 court filing fee. Folks who can't afford (or don't want) a lawyer for their New Jersey bankruptcy don't have to have one and can file "pro se" instead.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

What is the means test for bankruptcy in New Jersey?

New Jersey Bankruptcy Means Test. Most folks who file for Chapter 7 bankruptcy in New Jersey have to qualify to file under the means test , which compares your household income to that of similar-sized households in New Jersey to make sure you don't make “ too much” money.

How many copies of bankruptcy documents are needed for Chapter 7 bankruptcy in New Jersey?

One of the main requirements for you to remember is that you have to bring 2 full copies of your bankruptcy documents to file Chapter 7 bankruptcy in New Jersey.

Can you redeem a car in bankruptcy?

Alternatively, if you want to keep your car, but the loan balance far exceeds its actual value, you can redeem the vehicle by paying only it's value to the creditor and have the discharge entered in your Chapter 7 bankruptcy in New Jersey eliminate the remaining loan balance.

What assets are liquidated in Chapter 7 bankruptcy?

In exchange for dissolving all past due debts, the trustee of the bankruptcy will liquidate the assets, such as cars, homes, and other property of value in a Chapter 7 Bankruptcy proceeding.

How long can you keep assets in Chapter 13?

The individual will be allowed to keep his or her valuable assets over a 3- to 5-year period.

Do creditors have to be listed in bankruptcy?

All creditors and their addresses must be listed and filed with the Bankruptcy Court. Some creditors may have multiple addresses and may be represented by collection agencies or law firms. Be sure to include all parties and addresses attached to each particular debt so that they all get notice of your bankruptcy filing.

What to do if a creditor calls you about a discharged debt?

If any creditor calls you about collecting on a discharged debt, be sure to tell them about your filing and give them your docket number. If they continue to call or contact you in writing, consult with an attorney. This conduct is a violation of the discharge order and carries steep financial penalties.

Do you have to list all debts in bankruptcy?

Yes. All debts must be accurately listed in the required forms for filing a bankruptcy petition. Creditors need to be given notice of an impending discharge of their debt so that they have the opportunity to object to its inclusion in the bankruptcy.

How long does it take to file Chapter 7 bankruptcy?

The process typically takes just a few months and ultimately results in a discharge of all eligible debt.

What is Chapter 13 bankruptcy?

Chapter 13 of the bankruptcy code is designed to allow a debtor to put together a plan for repayment of their debts. This method of filing is best suited for those with a regular income that also desire to remain in possession of their property once the proceeding is complete.

Why is it important to file for bankruptcy early?

Filing too early can cause several issues like having too much monthly income to pass the means test, or having the entire case dismissed for filing too soon after a previous bankruptcy proceeding.

How long does it take to pay off Chapter 13?

Chapter 13 involves creating a repayment plan that will pay some or all of a person's debt over the course of three to five years. There are several more distinctions that are best discussed with an experienced attorney who can advise as to which chapter to file under based on a person's specific financial goals.

How long does bankruptcy stay on credit report?

Filing for bankruptcy will negatively affect a person's credit score. The bankruptcy will remain on their report for 10 years if filing for Chapter 7, and for 7 years if filing for Chapter 13. If a Chapter 13 repayment plan was not successfully completed, it will also remain on the credit report for 10 years.

What is Chapter 7 liquidation?

Chapter 7 is referred to as "liquidation," because it usually involves gathering all of a person's assets and selling them off to pay their creditors as much as possible. Chapter 13 involves creating a repayment plan that will pay some or all of a person's debt over the course of three to five years.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

Is Chapter 13 bankruptcy good?

A Chapter 13 case may be more beneficial to you if you have secured debt. There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

What is the difference between Chapter 7 and Chapter 13?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

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