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property. We offer a free initial consultation to discuss your debt
and problems and to determine if you qualify for Bankruptcy.
There are two (2) main types of Personal Bankruptcies
you can file, Chapter 7 and Chapter 13. Both provide for an Federal
Automatic Stay which stops all harassment from creditors, including
foreclosures and sheriff's sales. We evaluate whether you qualify
for either a Chapter 7 of Chapter 13 Bankruptcy. Below is a brief
description of what each Bankruptcy usually involves.
Chapter 7 Bankruptcy involves most debts being wiped
out and usually allows you to keep all of your personal property.
The only debts which cannot be wiped out are: recent taxes, child
support, court fines, student loans, and secured debt. You can file
a Chapter 7 Bankruptcy and still keep your home and car (again assuming
you qualify), and wipe out all your unsecured debt such as credit
cards. An example of a Chapter 7 Bankruptcy would be a Debtor filing
and wiping out $20,000 in credit card debt, $3,000 in medical bills,
$1000 in Federal taxes over three years old, and keeping his home
and vehicle. The Debtor would be responsible to maintain his mortgage,
student loans, and car payments, but all the other debt listed would
be discharged.
Chapter 13 Bankruptcy. This type of bankruptcy involves
the filing of a plan and monthly payments made to catch up on secured
debts. An example would be if a Debtor is four months behind on
her $1000 a month mortgage payments, and two months behind on her
$500 per month credit card payments. The $5,000 owed would be paid
backthree (3) to five (5) years, while the Debtor (you) will maintain
your normal mortgage payments. Some attorneys fees and costs can
also be included in the plan. Chapter 13 can also provide for immediate
driver's licenses restoration when surcharges are the only bar to
restoring licenses. Chapter 13 will stop sheriff's sales, repossession,
and provide needed debt relief. Generally, Chapter 13 is more involved
as it provides for plan payments, where Chapter 7 does not provide
for plan payments. Again, it is important to determine if you qualify.
Federal exemptions are available for both Bankruptcies
which allow most clients to keep all of their personal property.
While many agencies offer quick bankruptcies, we strongly recommend
the use of an attorney who has experience in handling these matters,
so your interests can best be represented. We also have the ability
to run your credit to ensure that all of your debts are included
in the bankruptcy.
We provide a full range of Bankruptcy Services
for individuals throughout South Jersey, and regularly appear in
Bankruptcy Court. We take the time to fully explain to you all the
technicalities of qualifying for Bankruptcy, and evaluate which
may be best for you. Many times, clients are under significant emotional
and financial pressure from credit harassment, foreclosure, wage
garnishments, lawsuits, and repossessions. We understand that financial
problems can lead to personal problems. It is very common to have
an underlying divorce and Bankruptcy problem at the same time, and
we have a great deal of experience in handling these types of bankruptcies.
It's important to us to make your Bankruptcy process go as smooth,
pressure free, and simple as possible. Clients often find themselves
very satisfied with our services because we focus on making it as
painless as possible.
Bankruptcy is about starting over with a
fresh slate in life, and is nothing to feel guilty about. It allows
you to get out of the debt trap, and to take control of your life
back. There are many questions clients often have about bankruptcy.
UPDATE AS OF OCTOBER 15, 2005. The New Federal Bankrupcty Act has gone
into effect, which made major overhauls in how personal Chapter 7 and
Chapter 13 Bankrupcties are to be filed. Major changes include different
eligibility requirements. We are fully prepared to coordinate and
assist you with the required credit counseling (prior to filing),
and other requirments necessary to now file Bankrupcty. Please call
us if you have any questions as to the requirements imposed by the new
Bankrupcty Act.
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