Bankruptcy Lawyer in Newark, NJ

Moreover, our firm works with individuals and families who are struggling with debt, wage garnishment, or the threat of foreclosure.

Also, at Wenarsky and Goldstein, we know that no two situations are the same. 

Some clients need a fresh start through Chapter 7 bankruptcy. Others need time to catch up on mortgage payments through Chapter 13.

Bankruptcy can be difficult to handle alone, especially with the detailed requirements and deadlines involved. Our firm brings extensive knowledge of federal bankruptcy law and New Jersey-specific rules. You can rely on us to guide you through each step, protect what matters most, and help you benefit fully from the relief the law provides.

Types of Bankruptcy for Individuals

There are two types of bankruptcy for individuals under U.S. bankruptcy law: Chapter 7 and Chapter 13. Named after their corresponding chapters in the bankruptcy code, they both work differently but provide powerful protections—especially the ability to stop collection calls, lawsuits, and wage garnishments as soon as a case is filed. 

Chapter 7 Bankruptcy

Chapter 7 allows debtors to eliminate many unsecured debts such as credit cards, medical bills, and personal loans. Cases typically conclude within a few months, providing a relatively quick resolution.

Chapter 7 is often called a liquidation bankruptcy because the bankruptcy trustee has the authority to sell the debtor’s property to repay creditors. However, exemption laws under New Jersey and federal statutes protect certain property, such as the debtor’s home, household goods, a vehicle up to a set value, retirement accounts, and home equity or a portion of it.

In practice, most cases are “no-asset” cases, meaning exemptions protect everything a filer owns and nothing is sold.

Chapter 13 Bankruptcy

Chapter 13 allows you to pay off your debts over three to five years, following the terms of a structured repayment plan. The plan is based on what you can afford after reasonable living expenses, and many unsecured debts may receive only partial repayment before being discharged.

With Chapter 13 bankruptcy, you can address past-due mortgage payments, car loans, and other secured debts and bring them current. But you need a steady income to be eligible. Otherwise, you may need to consider other bankruptcy or debt relief options.

Foreclosure Defense 

Foreclosure defense is one option we explore when a client is at risk of losing their home. It involves challenging a lender’s attempt to seize a property by highlighting procedural errors, servicing mistakes, or using legal options such as loan modifications.

Automatic Stay 

Once you file your bankruptcy petition, a legal mechanism called the automatic stay is activated regardless of which chapter you choose and takes effect the moment you file. This legal protection stops nearly all collection activity, including phone calls, letters, lawsuits, wage garnishments, utility shutoff notices, and most foreclosure or repossession actions. We work to use that protection to your advantage right away.

Our goal is simple: get you the help you need to work toward a favorable outcome under New Jersey bankruptcy law. 

We handle the paperwork, the filings, and the creditor communication so you don’t have to.

Why Newark Residents Trust Wenarsky and Goldstein

When you are considering bankruptcy, you need more than paperwork—you need a team that understands what you are facing and knows how to guide you through it. At the Law Offices of Wenarsky and Goldstein, LLC, we bring extensive experience with New Jersey bankruptcy practice and a practical understanding of the pressures being seriously indebted Newark residents deal with every day.

When you work with us, you get real, focused help — not generic advice.

Over a Decade Serving New Jersey Clients

The Law Offices of Wenarsky and Goldstein, LLC has served New Jersey clients since 2010. That is more than a decade of hands-on work in bankruptcy law across the state. We know how New Jersey courts operate. We know what works.

Attorneys Scott J. Goldstein and Jenee K. Ciccarelli

Scott J. Goldstein and Jenee K. Ciccarelli bring decades of combined legal experience to each case. They work directly with clients. This means that you speak to an attorney who knows your file and your goals.

Client-First Approach Built Into Every Case

Each client gets a plan tailored to their own situation. We do not apply one-size-fits-all solutions. Your case gets the time, care, and attention it deserves — from the first call to the final filing.

Your New Jersey Bankruptcy Case, Step by Step

Filing for bankruptcy in New Jersey follows a clear process. Knowing each stage helps reduce stress and keeps you prepared.

Stage 1: Initial Case Review (Week 1)

Your first step is a consultation. You share your debts, income, and assets with us. We review your finances and determine whether Chapter 7 or Chapter 13 fits your situation.

Stage 2: Document Collection (Weeks 1–2)

You gather your financial records. These include pay stubs, tax returns, bank statements, and a list of creditors. We give you a clear checklist. Nothing gets filed until your paperwork is complete and accurate.

Stage 3: Filing Your Petition (Week 2–3)

We can help prepare the full set of required schedules, statements, and certificates, ensuring every form is accurate and consistent with your documents. 

Additionally, we file your bankruptcy petition with the US Bankruptcy Court for the District of New Jersey. This court handles all New Jersey filings, including those from Newark and Essex County. The moment we file, the automatic stay takes effect.

Stage 4: The 341 Meeting of Creditors (4–6 Weeks After Filing)

You attend a short hearing called the 341 Meeting. A trustee — not a judge — asks basic questions about your finances. Most meetings last under 10 minutes.

We handle all communication with the trustee, respond to document requests, and prepare you for the 341 meeting, so you know what to expect. 

Stage 5: Discharge or Repayment Plan (2–5 Months)

For Chapter 7, most New Jersey cases reach discharge within 90 to 120 days of filing. Your eligible debts are wiped out. For Chapter 13, you enter a 3- to 5-year repayment plan approved by the court.

If Chapter 13 is appropriate, we can help calculate your disposable income according to legal standards and build a plan that accounts for your mortgage arrears, vehicle loans, taxes, support obligations, and unsecured debts. Our goal is to ensure the plan is feasible based on your situation, thereby increasing the chances of its approval.

Furthermore, we monitor your case throughout and respond to any trustee requests. Your discharge comes at the end of the plan once all payments are made.