×
Go back to Martindale-Avvo ➔

New Jersey Bankruptcy Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
101 legal questions have been posted about bankruptcy by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
New Jersey Bankruptcy Questions & Legal Answers
Do you have any New Jersey Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 101 previously answered New Jersey Bankruptcy questions.
Bankruptcy
New Jersey

Recent Legal Answers

Can a co-signer restart the Statue of Limitations for the Borrower?

Answered 5 years and 11 months ago by attorney Louis A. Russo   |   1 Answer   |  Legal Topics: Bankruptcy
Which SOL are you referring to?
Which SOL are you referring to?

If I have an open Ch 7, included a creditor, that later filed a new claim, won default judgement, recurring "new" monthly debt, can they garnish wage

Answered 7 years and 8 months ago by Ms. Fehintola Folasade Oguntebi (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
A creditor cannot garnish your wages while your bankruptcy is open. If they garnish your wage without an order from the bankruptcy court, this will be a violation of the automatic stay.
A creditor cannot garnish your wages while your bankruptcy is open. If they garnish your wage without an order from the bankruptcy court, this will... Read More

Can I get married after I filed or do I have to wait until the 90 days and get it discharged?

Answered 8 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You are free to marry. Good luck!
You are free to marry. Good luck!

Can I get married after I filed or do I have to wait until the 90 days and get it discharged?

Answered 8 years and 4 months ago by Daniel T. Garner (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You can go ahead and get married. Congratulations!
You can go ahead and get married. Congratulations!

If I co-signed on a bail along with four others, now the collector is taking me to court, what should I do?

Answered 8 years and 5 months ago by attorney Stuart M. Nachbar   |   1 Answer   |  Legal Topics: Bankruptcy
Cross Move against all other co-signors for Contribution and get them all to chip in and pay.
Cross Move against all other co-signors for Contribution and get them all to chip in and pay.

How long does it take for a Trustee to approve you getting a mortgage while your in a Chapter 13?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Generally speaking, they usually move quickly.
Generally speaking, they usually move quickly.

If wages were garnished but I filed bankruptcy within 2 weeks, will I received my garnished wages back?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The Trustee is entitled to the garnished wages. It will be up to the Trustee whether to declare your case an asset case, or a no asset case.
The Trustee is entitled to the garnished wages. It will be up to the Trustee whether to declare your case an asset case, or a no asset case.

How do I file a 1099c?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
File a notice with your return that the gain on the 1099C is excluded due to your bankruptcy.
File a notice with your return that the gain on the 1099C is excluded due to your bankruptcy.

Can I sell my house and pay my debts even if my voluntary bankruptcy is not signed?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Probably.
Probably.

Does a widow have to pay for her dead husband's doctor and hospital bills?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes. In Ohio, a spouse or a surviving spouse is responsible for certain expenses incurred by their spouse. These are referred to as "necessaries". It includes medical bills (for health care only - not cosmetic), food and rent. If she can't afford to pay, she should contact the doctors and facilities about forgiving part of the debts.... Read More
Yes. In Ohio, a spouse or a surviving spouse is responsible for certain expenses incurred by their spouse. These are referred to as "necessaries". It... Read More

If I have 2 credit cards and I'm on SSDI, can I file for bankruptcy?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Why? Social Security Disability Income is exempt from your creditors, even if they get a judgment, they can't take the SSDI money. Unless you have some assets that they can take, I wouldn't recommend a bankruptcy. They might give you some calls and letters but unless you're a snowflake, just tell them that you're not paying.... Read More
Why? Social Security Disability Income is exempt from your creditors, even if they get a judgment, they can't take the SSDI money. Unless you have... Read More

If I have 2 credit cards and I'm on SSDI, can I file for bankruptcy?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Yes, but why?
Yes, but why?

Does gas reimbursement for my job count on means test as earned income?

Answered 8 years and 6 months ago by Kimberly Ann Fives (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Are there any templates or samples of the withdrawal form for proof of claim available?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The debtor can't withdraw the claim of a creditor. Only the creditor can withdraw its claim. The debtor can file an objection to the claim, stating that it has already been paid, then the creditor has the choice of withdrawing the claim or going to a hearing before the judge to explain why the claim was not withdrawn.... Read More
The debtor can't withdraw the claim of a creditor. Only the creditor can withdraw its claim. The debtor can file an objection to the claim, stating... Read More

Would title pass to the debtor knowing that the loan balance was not fulfilled but vehicle covered under exemption?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Discharging a debt in bankruptcy means that you're no longer personally liable on it but the lien on the collateral isn't released. So, the creditor can still repossess the vehicle.
Discharging a debt in bankruptcy means that you're no longer personally liable on it but the lien on the collateral isn't released. So, the creditor... Read More

Can I buy a car with cash after 341 but before discharge?

Answered 8 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Where did you get the cash? And more important, when did you get the cash? If you got the cash from earnings after the bankruptcy, no problem. If you got the cash from money you declared as exempt, no problem. If you got the cash from your secret hiding place, held before you filed bankruptcy, and did not tell the bankruptcy court about this money, big problem...as in go to jail problem.... Read More
Where did you get the cash? And more important, when did you get the cash? If you got the cash from earnings after the bankruptcy, no problem. If... Read More

Can I buy a car with cash after 341 but before discharge?

Answered 8 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Returning the car is fine, the underlying debt will still be discharged. As long as the funds used to buy a new car were disclosed in the filing and exempt you can buy what you wish.
Returning the car is fine, the underlying debt will still be discharged. As long as the funds used to buy a new car were disclosed in the filing and... Read More

Can I buy a car with cash after 341 but before discharge?

Answered 8 years and 7 months ago by attorney Mr. Rex K. Daines   |   7 Answers   |  Legal Topics: Bankruptcy
As long as you disclosed all of your assets when the case was filed and at your 341(a), then it is fine to buy a car for cash at this time.
As long as you disclosed all of your assets when the case was filed and at your 341(a), then it is fine to buy a car for cash at this time.

If I am starting Chapter 7, should I include my car but I owe some money?

Answered 8 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Hello - if you are filing bankruptcy, you MUST INCLUDE all your assets and all your debts. Otherwise, you can go to prison!
Hello - if you are filing bankruptcy, you MUST INCLUDE all your assets and all your debts. Otherwise, you can go to prison!

If I am starting Chapter 7, should I include my car but I owe some money?

Answered 8 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
You should meet with an attorney about a 722 redemption. However, in most cases, if you want to keep the car you have to continue making car payments. You also have the option to surrender the car.
You should meet with an attorney about a 722 redemption. However, in most cases, if you want to keep the car you have to continue making car... Read More

Do I qualify to file if I owe $5000 in rent, $2800 in car payments, $2000 in hospital, $1800 for cell phone, $600 in electric and $500 gas bills?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Usually, I do not recommend bankruptcy for someone who doesn't have more debt than this.
Usually, I do not recommend bankruptcy for someone who doesn't have more debt than this.

Can I open a new business now after filing bankruptcy 5 months ago?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, you can start a new business.
Yes, you can start a new business.

In our state where do I file for bankruptcy?

Answered 8 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You file bankruptcy in the city where your federal district is located.
You file bankruptcy in the city where your federal district is located.

In our state where do I file for bankruptcy?

Answered 8 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
U.S. Federal Custom House Building in Downtown Denver.
U.S. Federal Custom House Building in Downtown Denver.

What is the difference in chapter 7 and 13? Why attorney’s adds service fees?

Answered 8 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Chapter 7 is a liquidation in which you turn over any assets you own that are not protected in exchange for eliminating your debts. These assets get sold and the proceeds are used to pay some of your debts. A Chapter 13 is a payment plan that lasts from 3 ? 5 years. During that time, your attorney is providing legal services to you on an ongoing basis to pay for the substantial amount of work that is being performed to administer your case. Unless you pre-pay the entire legal fee of several thousands of dollars in advance, your legal fees are taken out of the monthly payments made.... Read More
Chapter 7 is a liquidation in which you turn over any assets you own that are not protected in exchange for eliminating your debts. These assets get... Read More
Bankruptcy
New Jersey

Helpful Resources