Bankruptcy Lawyer Elizabeth, NJ
Debt doesn’t wait. Neither should you.
Both can stop collection calls, wage garnishment, and even foreclosure once a case is filed.
The U.S. Bankruptcy Court for the District of New Jersey handles filings from Union County, where Elizabeth is located. Getting it right matters. The paperwork is detailed, the rules are strict, and a small error can set your case back.
However, working with an experienced bankruptcy lawyer means you have someone who knows the process, checks every detail, and helps you move forward with a plan that fits your actual situation.
That’s where we come in.
Chapter 7
Chapter 7 bankruptcy (also known as “liquidation” or “straight” bankruptcy) is a legal process that eliminates most unsecured debts, such as credit cards and medical bills. In exchange, a court-appointed trustee may sell your non-exempt assets to pay back creditors.
While a court-appointed trustee can sell your property to pay creditors, New Jersey residents can choose between federal bankruptcy exemptions and state exemptions. These exemptions let you keep your home, vehicle, and more.
Chapter 13
Chapter 13 bankruptcy, or a “wage earner’s plan,” allows individuals with a regular income to reorganize their debts. It stops creditor harassment and foreclosures while enabling you to repay all or a portion of your debts through a structured, court-approved 3- to 5-year repayment plan.
In Chapter 13 bankruptcy, you do not lose your assets. Instead, exemptions determine the minimum amount you must repay unsecured creditors.
Your income and goals shape that choice, and we walk you through each factor.
Debt problems don’t always come alone. If wage garnishment is cutting into your paycheck, we look at whether a filing could stop it. If foreclosure is looming, we review whether a bankruptcy foreclosure filing could pause the process and give you time to act.
Every plan we build is tailored to you. Not a template. Not a guess.
Frequently Asked Questions
1. Can I keep my car if I file for bankruptcy in New Jersey?
In many Chapter 7 cases, New Jersey exemptions may let you keep a vehicle up to a certain value. Chapter 13 may give you even more flexibility by letting you catch up on missed payments over time.
2. What happens if I file for bankruptcy while a lawsuit is pending against me?
Filing triggers an automatic stay that pauses most civil lawsuits immediately. This includes collection suits filed in Union County courts, though some legal actions — like criminal cases — are not covered.
3. How much does it cost to file for bankruptcy in Elizabeth, NJ?
The court charges a filing fee: $338 for Chapter 7 and $313 for Chapter 13. Consider also attorney fees.
4. Can I file for bankruptcy more than once?
Yes, but time limits apply. If you received a Chapter 7 discharge before, you need to wait eight years from that filing date before you can file Chapter 7 again.
5. Will bankruptcy affect my spouse's credit if only I file?
Your bankruptcy appears only on your credit report, not your spouse’s, unless you file jointly. However, lenders may still consider shared debt when reviewing joint credit applications after your case closes.
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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