Chapter 13 Bankruptcy Attorney New Jersey
How We Help New Jersey Residents Restructure Their Debt
At Wenarsky and Goldstein, we take a hands-on approach from the start. We review your full financial picture — your income, debts, assets, and monthly expenses — to understand what you’re dealing with and what relief may be available to you.
We don’t apply a one-size-fits-all plan. Instead, we build a repayment strategy that fits your income and goals, whether you’re trying to save your home from foreclosure, catch up on car payments, or manage tax debt.
Mortgage arrears are one of the most common reasons New Jersey homeowners turn to Chapter 13. If you’ve fallen behind on your mortgage, a Chapter 13 plan may let you repay that past-due amount over three to five years while keeping your home. We work to structure your plan so those arrears get paid in a way that’s manageable.
Some debts need more than just a payment plan. We also look at whether any of your debt can be restructured, reduced, or handled differently under New Jersey bankruptcy law. This includes reviewing whether a cramdown may apply to certain secured debts, or whether priority debts need to come first in your plan.
By filing for Chapter 13 bankruptcy, you get a structured plan that lets you repay your debt over time. The court approves your plan, and creditors are not allowed by law to harass you. The process stops foreclosure, garnishment, and creditor actions. Our team can walk you through this process. They will ensure the repayment plan fits your financial situation.
Frequently Asked Questions
1. Who qualifies to file a Chapter 13 bankruptcy?
You may qualify for Chapter 13 if you have a regular income that allows you to make monthly payments under a court-approved repayment plan. Chapter 13 is typically suited for individuals (or sole proprietors) who need to repay debts over time rather than liquidate assets.
2. What happens when I file for Chapter 13 — how does the process work?
When you file, you submit a petition and propose a repayment plan outlining how you will repay all or part of your debts over three to five years. Once filed, an “automatic stay” goes into effect, which generally stops most collection actions such as foreclosure, repossession, or wage garnishment while your case proceeds.
3. What types of debts can Chapter 13 handle, and what happens to my property?
Chapter 13 allows you to keep secured assets — like your home or car — as long as you include missed payments in your plan and follow through with it. It also enables you to catch up on arrears, consolidate unsecured debts (like credit‑card balances and medical bills), and pay over time rather than all at once.
4. How long does a typical Chapter 13 plan last?
A Chapter 13 repayment plan usually lasts three to five years, depending on your income relative to the state median, your debt levels, and what the court approves.
5. What are the main advantages of choosing Chapter 13 over other debt-relief options?
Chapter 13 can help stop foreclosure or repossession, allow you to catch up on missed secured payments, protect your assets, give structured relief from unsecured debts, and let you repay over time under court supervision. It’s particularly beneficial for people who have a steady income but need time and a legal structure to manage debts without losing property.
Call the Law Office of Wenarsky & Goldstein
At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.
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