Bankruptcy Lawyer Edison, NJ
Debt relief is possible for Edison families.
The most common forms of personal bankruptcy are Chapter 7 and Chapter 13. Chapter 7 is designed to discharge qualifying unsecured debts within a few months, provided you meet certain income requirements known as the means test. Chapter 13, on the other hand, establishes a repayment plan over three to five years, allowing you to catch up on mortgage or car loan payments under court supervision.
We take the time to review your income, assets, and debts in detail. Based on this thorough analysis, we guide you toward the path that best aligns with your financial situation and goals.
How We Can Help: Practical Legal Solutions Grounded In Bankruptcy Law
We use federal bankruptcy law to halt collection actions, protect your property, and help you find structured debt relief in Edison and throughout New Jersey. Our process includes:
Evaluating Your Eligibility Under the Bankruptcy Code
We start with a detailed review of your finances to determine which chapter of the U.S. Bankruptcy Code is right for you. This involves:
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Applying the Chapter 7 means test to confirm your eligibility for debt discharge.
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Reviewing your secured debts, arrears, and priority debts to understand your obligations.
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Identifying any past filings or other issues that could impact your case.
Based on this analysis, we provide a clear, legally grounded recommendation on how to proceed.
Preparing and Filing a Compliant Petition
Bankruptcy requires complete and accurate financial disclosure. Errors or omissions can result in case dismissal. We handle every step to ensure your filing is legally sound, including:
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Preparing all required schedules of your assets, liabilities, income, and expenses.
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Assisting you in completing the mandatory credit counseling.
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Filing your petition with the U.S. Bankruptcy Court for the District of New Jersey.
Enforcing the Automatic Stay to Stop Creditor Actions
When your case is filed, the law provides an “automatic stay” that immediately stops most collection efforts. This legal protection can:
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Halt wage garnishments and bank levies.
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Pause foreclosure proceedings and sheriff’s sales.
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Stop collection lawsuits and harassing calls from creditors.
We ensure creditors comply with the stay and take action if they violate it.
Structuring a Plan to Resolve Debt and Protect Assets
Our primary goal is to create a legal strategy that resolves your debt while protecting your assets. Depending on your situation, we can:
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Use Chapter 7 to discharge unsecured debts like credit cards and medical bills.
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Propose a Chapter 13 repayment plan to help you catch up on mortgage or car payments over three to five years.
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Apply federal or New Jersey exemptions to protect your home, car, and other property.
At the Law Offices of Wenarsky and Goldstein, LLC, we guide clients in Edison, Ledgewood, and the NYC area through each step with a plan built on the law and tailored to their financial circumstances.
Direct Access to Your Attorney
When you work with us, you work directly with an attorney, not passed between staff. Attorneys Scott J. Goldstein and Jenee K. Ciccarelli remain personally involved in your case from the initial review through its resolution. We answer specific questions about your case, explain how decisions affect your property and timeline, and prepare you for required steps like the 341 meeting of creditors. This direct access helps you avoid confusion and costly mistakes.
Strategies Built Around Your Financial Reality
Because no two financial situations are identical, we develop case strategies based on your verified financial information and the legal options available under the Bankruptcy Code. We analyze whether Chapter 7 or Chapter 13 better fits your goals, address debts like mortgage arrears and car loans within the correct legal framework, and identify exemptions to protect your assets. Our role is to help you choose a path that is both realistic and legally sound.
Clear Communication Without Guesswork
Bankruptcy involves strict timelines and required disclosures under court oversight. We make sure you understand what is happening and what to expect next. We break down legal terms into plain language, outline what documents are required and why they matter, and keep you informed as your case progresses. You will not be left trying to interpret the complex process on your own.
Serving Clients Across New Jersey and NYC
From our office in Ledgewood, we represent clients throughout New Jersey, including Edison, and across New York City’s five boroughs. We offer flexible communication to support clients across these locations and are familiar with regional financial issues like foreclosure and high consumer debt.
At the Law Offices of Wenarsky and Goldstein, LLC, we are focused on helping you move forward with a plan grounded in law and tailored to your circumstances.
FAQs
What Is The Difference Between Chapter 7 And Chapter 13 Bankruptcy?
Chapter 7 bankruptcy is designed to discharge most unsecured debts, including credit card balances and medical bills. This process typically concludes within three to six months for those who qualify under the means test.
In contrast, Chapter 13 bankruptcy involves a three-to-five-year repayment plan. This option allows you to keep your property while repaying overdue debts under the supervision of the court.
Will Filing For Bankruptcy Stop Creditor Calls And Lawsuits?
Yes. When you file for bankruptcy, a legal provision known as an “automatic stay” takes immediate effect. This provision, found under 11 U.S.C. § 362, legally requires most creditors to stop all collection activities. This includes halting creditor calls, lawsuits, and wage garnishments.
However, the automatic stay does not stop all legal actions. Certain proceedings, such as criminal cases or actions related to child support and alimony, are exempt under federal law and will continue.
Can I Keep My Home If I File For Bankruptcy In New Jersey?
Whether you can keep your home after filing for bankruptcy depends on several factors, including the amount of equity you have in the property, your mortgage status, and the type of bankruptcy you file.
Under Chapter 13 bankruptcy, you may be able to catch up on missed mortgage payments over a three to five-year period through a repayment plan. Under Chapter 7 bankruptcy, you can use federal or state exemptions to protect a certain amount of your home’s equity from creditors. If your equity is fully exempt, you can keep your home as long as you continue to make your mortgage payments.
How Long Does Bankruptcy Stay On My Credit Report?
A Chapter 7 bankruptcy can stay on your credit report for up to ten years from the filing date. In contrast, a Chapter 13 bankruptcy typically stays on your report for seven years.
The impact on your credit will vary. Many people start rebuilding their credit during or after their bankruptcy case. You can do this by managing your finances responsibly and making payments on time.
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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