how to file for bankruptcy in new jersey without a lawyer

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

How much does it cost to file bankruptcy?

New Jersey Bankruptcy Court Website and Locations. Your case starts when you file your paperwork with the local bankruptcy court and either pay the filing fee or request a fee waiver. The New Jersey bankruptcy court has three divisions, each with a separate courthouse. You'll file your bankruptcy case at the courthouse that serves your county.

What are the bankruptcy laws in New Jersey?

Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or " pro se ," it is extremely difficult to do it successfully. It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights.

Is there a bankruptcy court in New Jersey?

Be sure to include all parties and addresses attached to each particular debt so that they all get notice of your bankruptcy filing. Step 3: Prepare your Chapter 7 petition and schedules. Copies of the documents you need to file to start your Chapter 7 bankruptcy case can be found here. You will need to disclose your social security number, full legal name, current address, all income, …

How do I declare myself bankrupt?

Jan 21, 2022 · Filing for Chapter 7 and Chapter 13 bankruptcy both require a person to accurately fill out several forms, listing all of their sources of income, debts, and property. There are several prerequisites that must be met before filing, and failing to do any of these may result in delays or dismissal of the case.

How do I claim bankruptcy in NJ?

Your case starts when you file your paperwork with the local bankruptcy court and either pay the filing fee or request a fee waiver. The New Jersey bankruptcy court has three divisions, each with a separate courthouse. You'll file your bankruptcy case at the courthouse that serves your county.

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

Can I file Chapter 7 without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.

How much does it cost to file Chapter 7 in NJ?

Court FeesItemFeeChapter 7 Petition$338.00Chapter 9 Petition$1738.00Chapter 11 Petition - Non-Railroad$1738.00Chapter 11 Petition - Railroad$1571.0037 more rows

What is the means test for Chapter 7?

The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.

What is the difference between Chapter 7 11 and 13 bankruptcies?

Chapter 7 bankruptcy doesn't require a repayment plan but does require you to liquidate or sell nonexempt assets to pay back creditors. Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period.Jun 2, 2021

What can you not file bankruptcies?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

Is it better to file a Chapter 7 or 13?

Most consumers opt for Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. The vast majority of filers qualify for Chapter 7 after taking the means test, which analyzes income, expenses and family size to determine eligibility.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt. Wage garnishments must also stop immediately after filing for personal bankruptcy.Oct 2, 2021

What is the difference between Chapter 7 and Chapter 13?

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

Can I keep my house if I file Chapter 7 in New Jersey?

If you file a Chapter 7 case and owe money on your house or car, you can keep the house or car if you agree to repay the underlying loans, and: The monthly payment is reasonable; The property is necessary to support yourself and your dependents; You are current on the payments; and.

How long does a creditor have to collect a debt in NJ?

six yearsThe statute of limitations for a debt collector to collect a past-due debt in New Jersey is six years, said Karra Kingston, a bankruptcy attorney in Union City.Feb 3, 2020

What is bankruptcy?

Bankruptcy is a federal court procedure designed to give individuals, married couples and businesses a "fresh start" with their finances by either...

Will bankruptcy erase all of my debt?

No. The different chapters of the bankruptcy code offer different solutions based on the kind of relief sought, but all of the bankruptcy code incl...

What is a discharge?

When a debt is discharged at the end of a bankruptcy proceeding, any remaining amount owed to the creditor will be wiped out. The creditor will no...

Are there any immediate benefits to filing for bankruptcy?

Yes. As soon as the bankruptcy petition is filed an automatic stay is put into place. The automatic stay will immediately halt all attempts by cred...

What's the difference between Chapter 7 and Chapter 13?

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 credito...

How do I know what chapter to file under?

Making this determination will require a detailed understanding of the bankruptcy laws and procedures as well as an individual's debts, income, ass...

When should I file for bankruptcy?

The timing of a bankruptcy petition can have major impacts on whether the proceeding will be successful, how much money and what property the perso...

How long does bankruptcy stay on a person's credit history?

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...

Will my credit score ever recover?

Yes. Once the bankruptcy proceeding is complete and all debts are either discharged or current on payments, a person's score will begin to rise. Co...

Do I have to list all of my creditors on the bankruptcy forms?

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...

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.

Does New Jersey have a homestead exemption?

Exemption laws determine what property is protected from your creditors. Unlike many other states, you can choose between using New Jersey bankruptcy exemptions or federal bankruptcy exemptions for your case. A lot of folks filing a Chapter 7 bankruptcy in New Jersey choose the federal exemptions that are available. This is especially important if you own a home as New Jersey does not have a homestead exemption.

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 do I need to file for Chapter 7 bankruptcy?

You will need to disclose your social security number, full legal name, current address, all income, all expenses, all debt, and all assets.

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.

What information is needed to keep a discharge order?

The discharge order will have the date you filed, the date the order was entered, and your docket number.

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.

Can I file for bankruptcy in New Jersey without a lawyer?

Yes, it is possible to successfully file a Chapter 7 bankruptcy case in New Jersey without a lawyer and get your unsecured debt discharged. This article is a step-by-step guide to filing a New Jersey Chapter 7 bankruptcy case and representing yourself, from the office of a busy bankruptcy attorney in Woodbury, NJ.

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.

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.

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.

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.

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 I need an attorney to file for bankruptcy?

You are not required by law to hire an attorney to declare relief. People are allowed to represent him or herself as a pro se debtor. You will simply contact the local bankruptcy court and obtain all forms and requirements directly through them. Filing alone is not an easy task.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

How long do you have to take a post filing course?

Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors. Take a look at the U.S. Trustee Program's site to find an approved course near you. After you've completed the course, the last step is to wait to hear from the bankruptcy court whether your debts have been discharged.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.