Chapter 7 Bankruptcy Attorney New Jersey
Chapter 7 Bankruptcy Eligibility and Our Approach
At Wenarsky and Goldstein, we take a direct, hands-on approach to every Chapter 7 case. Our attorneys do the work — reviewing your full financial picture, identifying every available exemption, and mapping out which debts can be discharged.
The first thing we do is run the means test. This test checks if your income falls below New Jersey’s median. If it does, you likely qualify for Chapter 7 relief. The median household income in New Jersey for 2026 is $87,173 for a one-earner household.
Moreover, you should not have filed for a Chapter 7 in the last 8 years (or a Chapter 13 within 6 years). We can also determine this.
Once we confirm you qualify, we work to protect as much as possible. New Jersey offers bankruptcy exemptions that can shield your home equity, car, and personal property from liquidation. We review every exemption that may apply to your case.
Some debts respond well to Chapter 7. Unsecured debts — such as credit cards and medical bills — can often be wiped out. We map out which of your debts may qualify for discharge so you know what to expect.
Not every debt goes away in bankruptcy. Student loans, most taxes, and child support typically survive a Chapter 7 filing. If you have student loan debt, we can talk through your options there, too.
We also look beyond the filing itself at your goals. If you’re behind on your mortgage, Chapter 7 may buy time — but a Chapter 13 plan might serve you better. We help you see the full picture before you commit.
Our approach is direct and personal. We don’t hand your file to a paralegal and disappear. Every step of the way, you work with our attorneys — people who know New Jersey bankruptcy law and know your case.
The goal is simple: seek the maximum relief available under the law.
Frequently Asked Questions
1. Who typically qualifies to file Chapter 7 bankruptcy in New Jersey?
Chapter 7 is commonly used by people who need relief from unsecured debts (like credit cards, personal loans, and medical bills) and who meet eligibility requirements based on income and other factors. Many filers need to pass a “means test.” Eligibility can also depend on whether a person has filed bankruptcy recently, whether a prior case was dismissed, and whether there are issues like significant nonexempt assets. Because eligibility is fact-specific, the first step is usually reviewing income, household size, debts, and major assets.
2. How long does a Chapter 7 case usually take in New Jersey?
Many Chapter 7 cases follow a fairly structured timeline. After filing, the court issues an automatic stay that generally pauses most collection activity. A meeting with the bankruptcy trustee (often called the “341 meeting”) is typically scheduled a few weeks after filing, and the discharge—if the case proceeds normally—often happens a few months later. Delays can occur if documents are missing, if creditors raise issues, or if the trustee needs more information about assets or transfers. While many cases are relatively straightforward, the timeline can vary depending on the complexity and compliance requirements.
3. What debts are typically discharged in Chapter 7, and what debts may remain?
Chapter 7 generally discharges many unsecured debts, but some obligations often require special analysis or are not dischargeable under federal law. Common categories that may not be discharged include certain taxes, domestic support obligations, and many student loans (unless there is a separate legal showing). Some debts may also be non-dischargeable if they are connected to fraud, certain types of misconduct, or recent luxury charges, depending on the facts.
4. What happens to my home or car if I file Chapter 7 in New Jersey?
Whether a filer can keep a home or vehicle often depends on equity, exemption choices, and whether payments are current. Bankruptcy exemptions protect certain property up to specified limits, but the protection depends on the exemption scheme available and chosen.
If there is significant nonexempt equity, the trustee may have authority to evaluate whether property should be sold to pay creditors. For secured debts like mortgages or car loans, keeping the property often involves staying current and addressing the lender’s requirements. Because home and vehicle issues can be high stakes, people often focus on equity and exemptions early.
5. What is the Chapter 7 trustee’s role in a typical case?
A Chapter 7 trustee is appointed to review the case, verify information, and determine whether there are nonexempt assets that can be used to pay creditors. Trustees commonly request documents such as tax returns, pay stubs, bank statements, and proof of asset values.
In many “no-asset” cases, the trustee’s role is primarily oversight and verification rather than liquidation. The trustee also conducts the 341 meeting, where the filer answers questions under oath about finances and paperwork. Cooperation and accurate disclosures are key parts of the process.
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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