A Chapter 7 Personal Bankruptcy, often called a “straight Bankruptcy” involves an individual or married couple seeking the protection of the Bankruptcy Laws where they are hopelessly burdened with debt and offers a fresh start by eliminating that debt through a Discharge. A Chapter 7 Bankruptcy proceeding may take as little as four to five (4-5) months to complete after it is filed.
Many people misunderstand bankruptcy. They think they must surrender all their possessions and properties. We have had many clients tell us that had they known all the things bankruptcy could do for them, they would have come to us six months earlier.
While a Chapter 7 Bankruptcy is known as a “liquidation proceeding”, in most cases individuals have no assets that would be sold as there are significant protections offered under New Jersey State and Federal Law against most clients valuable property such as their home, personal assets, retirement funds and automobiles. Once a Chapter 7 Bankruptcy is filed, creditors must immediately cease all efforts to collect a debt including continuation of any law suits, wage garnishments, bank levy or harassing telephone calls and letters.
Once a Chapter 7 Bankruptcy is filed, creditors must immediately cease all efforts to collect a debt including continuation of any law suits, wage garnishments, bank levy or harassing telephone calls and letters. Bankruptcy law forces creditors to stop all collection efforts against you as soon as you file your petition. This mechanism is called the “automatic stay” and it’s one of the main benefits of bankruptcy. Everything is put on hold, and you get much-needed breathing room.
The number one comment we hear after meeting with clients is that they are finally going to be able to sleep at night. The most pressing concern for most people is to stop creditors from hounding them, which bankruptcy can accomplish. But that’s not the only relief. Once you realize that you’re not going to lose everything, you gain peace of mind. And that means you’re well on your way to restoring everything that matters to you.
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Eligibility and requirements for a Chapter 7 bankruptcy
Read our article about “Do I Qualify for Chapter 7?” about the important questions of whether you may qualify for a Chapter 7 Bankruptcy and the specific laws regarding eligibility and the bankruptcy means test for Chapter 7.
A business may also file a Business Chapter 7 Bankruptcy. This should not be confused with an individual who owns or operates a business filing bankruptcy. The application of the Bankruptcy Code to a business is often very different than an individual and should only be considered with the assistance of an experienced bankruptcy attorney. You can Read More Here about a Business Chapter 7 Bankruptcy.
Topics in Bankruptcy:
- Chapter 7 Bankruptcy
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- Bankruptcy FAQ – Vehicle Repossessions
- Chapter 7 Bankruptcy: Do I Qualify for Chapter 7?
- Chapter 13 Bankruptcy
- Chapter 7 Business Bankruptcy
- Chapter 11 Business Bankruptcy
- Chapter 13 Business Bankruptcy
- Bankruptcy FAQs