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What Are The Benefits of Filing For Chapter 7 Bankruptcy
Nov 30, 2022
Benefits of Filing Chapter 7 Bankruptcy
Bankruptcy occurs when a person or a business is unable to pay their debts or meet other financial obligations. It is a legal method for getting relief from the situation.
Bankruptcy is typically the last option for people who are unable to renegotiate payments for loans or make other arrangements with their creditors. Though it stops the collections processes, it may require you to liquidate your assets, and it will affect your credit score.
That said, the goal of bankruptcy is to give yourself a fresh, debt-free start and a chance to rebuild your credit.
Types of Bankruptcy
There are several types of bankruptcy:
- Chapter 7 uses a liquidation process to pay off creditors using the debtor's assets and other available funds. This option is most common for individuals.
- Chapter 11 allows businesses (and some individuals) to restructure their debt so that they can pay it off without liquidation.
- Chapter 13 is another restructured debt option for individuals with regular income who will be able to pay off their debt but need different terms than they currently have.
Most individuals will opt for Chapter 7 because it is the only practical option available to them.
Though it is possible to file the necessary documents yourself in Cherry Hill, New Jersey, you can also hire a bankruptcy lawyer to assist with the process.
How Chapter 7 Works
The process of Chapter 7 bankruptcy starts when you file a petition with a bankruptcy court. These courts are all part of the federal legal system, so the process is similar no matter where you live. The entire process can take about four to six months.
- Once your petition gets accepted, the court issues a stay to your creditors. This order requires them to stop collections activities.
- A trustee will take over your case. They will oversee the process, communicate with creditors, and liquidate your assets.
- You must submit supporting documents to show your assets and income.
- You attend a meeting of creditors during which all your creditors can ask questions and request documentation. Creditors can, but rarely, attend the meeting.
- You must complete financial management courses during the bankruptcy process. Your debts won't be fully discharged until you do and submit evidence to the trustee.
- The trustee will oversee the liquidation of your assets and the distribution of proceeds to your creditors.
Once you complete all requirements, the debt is discharged and creditors can no longer pursue you for additional repayment. However, it can take up to 10 years to remove the bankruptcy from your credit report.
The Advantages of Chapter 7 Bankruptcy
Most debtors focus on the negative aspects of bankruptcy, such as liquidation and the impact on credit scores. However, bankruptcy also brings benefits. It is essential to understand these advantages to help decide whether chapter 7 is best for you.
- Chapter 7 bankruptcy brings an automatic stay on all unsecured debt. Creditors must immediately stop contacting you for repayment. If you complete the process correctly, they will never contact you after you file for bankruptcy.
- You will have a clean financial slate after the discharge of your debts. Unlike other forms of bankruptcy, which require repayment plans, chapter 7 completely dismisses all debt and gives the debtor a new start.
- The process is much faster than other bankruptcy options. The process, from filing to discharge, usually takes six months or less.
- You will get rid of unsecured, consumer debt. Credit card debt, hospital bills, and personal loans will get discharged after liquidation.
- Chapter 7 allows you to keep necessities exempt from liquidation. This property may include your home, vehicle, or tools necessary for your job. Exemptions can vary, so it is typically best to ask an attorney about claiming them.
- You will take a financial planning course, which can help you set up a plan for the future and avoid excessive debt.
- Filing for bankruptcy prevents creditors from taking any further legal action against you for non-payment.
- Future income and assets acquired after bankruptcy are not affected by your debt. You can immediately start building a savings account.
- You typically deal directly with a trustee instead of appearing in court, making the chapter 7 process less stressful than other options.
A lawyer is allowed to help you with the bankruptcy process and can argue on your behalf for exemptions or other issues involved in chapter 7.
Qualifications for Chapter 7 Bankruptcy
You need to meet specific requirements to file for chapter 7.
- This option is available to individuals or small businesses.
- Your average monthly income for the previous six months needs to be less than the average income for a similar-sized household in the same state. Alternatively, you could pass a means test to prove that you do not have disposable income to pay creditors.
- You have not filed for bankruptcy in eight years (six years for chapter 13 bankruptcy).
- If a court dismissed your previous bankruptcy petition, you must wait six months (181 days) before trying again.
- You can support claims of assets with financial documentation.
- You can complete a credit counseling course.
Chapter 7 is best for unsecured debts, like credit card debt. With secured loans, the lender has the right to repossess your property if you do not make payments, so chapter 7 may not provide relief in these situations.
Exemptions for Chapter 7
Also, some types of debt are exempt from discharge during bankruptcy. These include:
- Child support and alimony payments
- Student loans
- Court fees and fines
- Taxes (with some exceptions)
- Debts from accidents for which you were liable
- Fees for condo or homeowner associations
How an Attorney Can Help with Chapter 7 Bankruptcy
You can technically file for chapter 7 bankruptcy without an attorney. However, the process has long-term financial consequences, so you should seek legal advice if you have any concerns, questions, or uncertainties about the process. If you need to defend your petition or claims, a lawyer in Cherry Hill, New Jersey can represent you. The US Court System website strongly recommends consulting a lawyer during bankruptcy.
Reach out to us if you are considering filing for bankruptcy.
Filing for bankruptcy can be a difficult decision to make, but sometimes it is the best option for getting a fresh start financially. In New Jersey, Chapter 7 bankruptcy is a common choice for individuals looking to eliminate their debts and start over. But how do you know when it's the right time to file? In this blog post, we will discuss some key signs that may indicate it's time to consider filing for Chapter 7 bankruptcy in New Jersey.  Overwhelming Debt: One of the most obvious signs that it may be time to file for Chapter 7 bankruptcy is if you are dealing with overwhelming debt that you cannot seem to get under control. If you find yourself struggling to make minimum payments on your credit cards, medical bills, or other debts, and are constantly being harassed by creditors, it may be time to consider bankruptcy as a way out. Loss of Income: Another common reason why people choose to file for Chapter 7 bankruptcy is due to a sudden loss of income. Whether it's due to job loss, reduced hours at work, or unexpected medical expenses, a significant decrease in income can make it nearly impossible to keep up with debt payments. If you find yourself in this situation, filing for Chapter 7 bankruptcy can help eliminate your debts and give you a fresh financial start. Using Credit Cards for Basic Necessities: If you are relying on credit cards to pay for basic necessities such as groceries or utilities because your income does not cover all your expenses, this could be a sign that it's time to consider filing for Chapter 7 bankruptcy. Using credit cards as a temporary solution often leads to even more debt down the line, making it difficult to ever get ahead financially. Constant Stress and Anxiety: Dealing with overwhelming debt can take a toll on your mental health and well-being. If you find yourself constantly stressed out about money and unable to sleep at night because of financial worries, it may be time to seek relief through Chapter 7 bankruptcy. Filing for bankruptcy can help lift the burden of debt off your shoulders and allow you to focus on rebuilding your financial future. Legal Action Taken Against You: If creditors have started taking legal action against you such as wage garnishment or lawsuits, this is a clear indication that your financial situation has become dire. Filing for Chapter 7 bankruptcy can put an immediate stop to these legal actions and provide you with protection from creditors while working towards eliminating your debts. Deciding when it's the right time to file for Chapter 7 bankruptcy in New Jersey is not an easy decision but recognizing the signs that indicate it may be necessary can help guide you in the right direction. If you are overwhelmed by debt, experiencing a loss of income, using credit cards for basic necessities, constantly stressed about money, or facing legal action from creditors – it may be time considered filing for Chapter 7 bankruptcy as a way out of financial hardship. Remember that seeking guidance from an experienced bankruptcy attorney in New Jersey can help navigate the process effectively and ensure your rights are protected throughout the proceedings.
If you're struggling with overwhelming debt, it can be difficult to know where to turn. One option that many people consider is hiring a debt settlement attorney. But what exactly does a debt settlement attorney do? And how can they help you manage your debts? In this blog post, we'll explore the ins and outs of hiring a debt settlement attorney in New Jersey.  First, let's start with the basics: what is a debt settlement attorney? Essentially, these attorneys specialize in negotiating settlements with creditors on behalf of their clients. They work to reduce the amount of money that their clients owe, often by negotiating lump sum payments or installment plans that are more manageable for their clients' budgets. So why might you want to hire a debt settlement attorney in New Jersey? There are several reasons. For one thing, if you're struggling to keep up with your bills each month, having an experienced negotiator on your side can be incredibly helpful. Your attorney will be able to communicate with your creditors on your behalf and work out arrangements that allow you to pay off your debts over time. Another benefit of hiring a debt settlement attorney is that they can help protect you from creditor harassment. If you've ever been hounded by collection calls or letters demanding payment, you know how stressful and overwhelming it can be. A good debt settlement attorney will take over communication with your creditors so that you don't have to deal with these stressful interactions anymore. Of course, like any legal service, there are costs associated with hiring a debt settlement attorney in New Jersey. It's important to understand these costs upfront so that you can make an informed decision about whether or not this option is right for you. Many attorneys charge a percentage of the total amount owed as their fee for services rendered. It's also important to note that not all debts are eligible for settlement. In general, unsecured debts like credit card bills and medical bills are more likely to be settled than secured debts like mortgages or car loans. Your debt settlement attorney will be able to advise you on which of your debts are most likely to be settled and develop a plan of action accordingly. If you're struggling with overwhelming debt in New Jersey, hiring a debt settlement attorney may be a good option for you. These attorneys specialize in negotiating settlements with creditors on behalf of their clients, helping to reduce the amount owed and make payments more manageable. They can also protect you from creditor harassment and provide valuable legal advice throughout the process. Of course, it's important to understand the costs associated with hiring an attorney and which types of debts are eligible for settlement before making any decisions. With the right guidance, however, a debt settlement attorney can help you get back on track financially and start building a brighter financial future.
How Chapter 7 Bankruptcy Can Stop Creditor Harassment and Collection Efforts: An Overview
The Impact of Chapter 7 Bankruptcy on Your Credit Score
Filing for bankruptcy can be a difficult and overwhelming process, but it can also be a fresh start for those struggling with debt. For residents of New Jersey, Chapter 13 bankruptcy can be a viable option for individuals seeking to repay their debts while keeping their assets. In this blog post, we will explore the benefits of filing for Chapter 13 bankruptcy in New Jersey.  1. Repayment Plan: One of the primary advantages of filing for Chapter 13 bankruptcy is the ability to create a repayment plan. The debtor can propose to pay back their debts over a period of three to five years, depending on their income and expenses. This plan allows for manageable monthly payments according to the debtor's budget while keeping their assets. This repayment plan also allows for any unsecured debts, like credit card or medical bills, to be discharged after the successful completion of the repayment plan. 2. Protection of Assets: One of the most significant benefits of filing for Chapter 13 bankruptcy is that the debtor is allowed to keep their assets. The debtor can reorganize their debts and establish a payment plan that allows them to repay their debts without losing any of their property, like their home or car. Additionally, the bankruptcy process applies an automatic stay on debt collection activities, putting an end to creditor harassment while the case is pending. 3. Protection of a Co-Signer: When a debtor declares bankruptcy, a co-signer of their loan may also face legal liability. Chapter 13 bankruptcy may protect these co-signers from creditor collection activities. The repayment plan established in the bankruptcy proceeding may lower the chances of a default during the bankruptcy process. Thus, one can avoid defaulting on their loan with the protection of Chapter 13 bankruptcy. 4. Credit Score: While the bankruptcy process can initially impact the debtor's credit score, filing for Chapter 13 bankruptcy in New Jersey can positively impact the debtor's credit score in the long run. Chapter 13 bankruptcy provides the debtor with the opportunity to rebuild their credit score by making timely payments on their repayment plan and reaffirming their secured debts. The debtor can discharge their remaining unsecured debts, which can also positively affect the credit score. 5. Exit Strategy: Finally, the bankruptcy process ensures an exit strategy for the debtor. The goal of filing for bankruptcy is to repay the debts and overcome financial difficulties. Bankruptcy can be an end goal to become financially stable again. In New Jersey, successful completion of the Chapter 13 bankruptcy process can ensure relief from debts and a fresh financial start. Filing for Chapter 13 bankruptcy in New Jersey under the guidance of a knowledgeable bankruptcy attorney can provide many benefits. The repayment plan, asset protection, credit score improvement, protection of co-signers, and exit strategy are all available through this process. Bankruptcy can be a difficult yet hopeful journey for those who are struggling with debt, and Chapter 13 bankruptcy in New Jersey is a viable option to pursue a fresh start.
Chapter 7 Bankruptcy in New Jersey
How to File For Chapter 7 Bankruptcy: What Can You Keep?
Understanding the Differences Between Chapter 7 and Chapter 13 Bankruptcy
Understanding Chapter 13 Bankruptcy in New Jersey
Learn what a Chapter 7 bankruptcy is and how it can help you discharge you current debts and get a fresh financial start
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