When an individual schedules an appointment to talk with a bankruptcy attorney in NJ they may be given several options including filing either a Chapter 7 or a Chapter 13 bankruptcy. If they have too much income they may not be able to file a Chapter 7 bankruptcy. But the Chapter 13 may be much more advantageous in some situations than the Chapter 7. There are certain situations where one option is better than the other and in many instances a Chapter 13 is preferred over a Chapter 7. InNew Jerseya Chapter 13 bankruptcy is the only available choice if you are behind on business payments or a mortgage and you still want to keep your property when the bankruptcy process is complete. When you file a Chapter 13 bankruptcy there is the unique opportunity to make up all of the overdue payments over an extended period of time and then reinstate the mortgage agreement that was originally made. Most of the time, the payment plan is developed to last for between 3 and 5 years.
When you talk to a bankruptcy attorney in NJ he will explain how filing a Chapter 7 bankruptcy is a process of federal law that allows for individuals or businesses to make a fresh start. Chapter 7 will eliminate most of an individual’s unsecured debt and is usually the suggested type of bankruptcy for a person who has no assets, or at least very few of them. In most cases the unsecured debts that are released through a Chapter 7 bankruptcy include things like personal loans, credit cards, deficiencies on repossessed vehicles, medical bills or judgments that are the result of a car accident. Since the Chapter 7 filing procedure is complicated it will require the help of a bankruptcy attorney in NJ to help guide you through the process.
A Chapter 13 bankruptcy will include a 3 to 5 year repayment plan which will allow a debtor to repay creditors by paying off total amounts or partial amounts of the debts. A Chapter 13 can prevent a foreclosure on a house, pay back taxes, and stop a tax debt from accruing interest, help make up missed payments on a house or car and any number of other things. As long as an individual stays to the proposed repayment schedule the remaining debt will be released at the end of the plan. There are several factors which help determine the exact amount that will have to be repaid. These factors include things like the disposable income that is available to the debtor. In order to be eligible to file for a Chapter 13 bankruptcy you will have to have a “regular” source of income as well as some amount of disposable income which can be applied toward the payment plan laid out in the Chapter 13 paperwork.