Bankruptcy is a Federal Court procedure that excuses a person, from having to repay most or all of his/her debts or it can be a payment plan to allow a person to repay all or a portion of their debts. A bankruptcy is started by filing a Petition with the United States Bankruptcy Court. If you are thinking about filing for bankruptcy you cannot continue to use any of your credit cards or take out new loans. In other words you cannot create any new debt.

There are several different chapters of bankruptcy that can be filed.
Most consumer bankruptcies are either filed under Chapter 7 or Chapter
13. Chapter 11 is usually for a business reorganization and Chapter 12
is for a farmer.
CHAPTER 7 - Excuses a
person from paying their unsecured creditors allowing a person to have
a fresh start or a clean slate. You will be allowed to keep your house,
cars and other assets subject to limits set by the court which you and
I will review together.
Plus- No payments.
Minus- Worse on credit, Court is stricter on proofs, can not refile
Chap 7 for 8 years
CHAPTER 13
- Is known as payment plan bankruptcy. A person makes regular monthly
payments over a 36 months (can be up to 60 months) to a Chapter 13
Trustee who then sends that partial payment to the creditors. Chapter
13 can be used to save a house in foreclosure, it allows a
person who has fallen behind on their mortgage up to 60 months to catch
up.
In Chapter 13 Bankruptcy you are paying a portion of what you owe. A
Chapter 13 debtor must owe less than $307,675 unsecured and $922,975 of
secured debts. Chapter 13 supposedly looks better on your future credit
because you are paying a portion of your debt.
Plus - Credit looks better, can refile sooner, cramdown, fee in
plan.
Minus - 3 to 5 years of payments.
There is no charge to speak
with me directly by phone. You can also schedule a free office
consultation.
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