New Jersey Bankruptcy Court Records
U.S. Bankruptcy Courts
Search public court records from United States Bankruptcy Court for the District of New Jersey online for free with easy to use case search tools for finding court cases and case summaries by case number, case name, party, attorney, judge, docket entry, and more. Filter cases further by date of filing, jurisdiction, case type, party type, and, party representation.
UniCourt gives you access to U.S. Bankruptcy Court Records across the State of New Jersey, so you can search a range of different types of bankruptcy cases including Chapter 7, Chapter 9, Chapter 11, Chapter 12, Chapter 13, and Chapter 15. You can even drill down further and search for bankruptcy cases involving Adversary Proceedings, Debt Discharge Challenges, Debtor Discharge Challenges, Petitions, Revoked Confirmed Plans, and Other Proceedings. With UniCourt, you can lookup Bankruptcy Court cases online, find the latest docket information, view case summaries, check case statuses, download court documents, as well as track lawsuits and get alerts on new case updates.
Leverage UniCourts Legal Data as a Service to get bulk access to court data from the District of New Jersey. We collect, organize, standardize, and normalize court data from courts throughout the federal court systems Public Access to Court Electronic Records and the state courts, and make it all easily accessible and useful through our web app and Legal Data APIs.
Chapter 1: Repayment Plan
The other option for bankruptcy, equally as common in individuals as liquidation, is Chapter 13. Chapter 13 Bankruptcy is a process to assist you pay back creditors and obtain a clean financy start. You will find three codes under which you can apply for Chapter 13 Bankruptcy, each of which refer to another way of correcting your financial troubles. The first code liquidates your assets to be able to repay creditors. The second code produces a payment plan, and the third code enables you to repay your debts with your regular earnings over a period of 3 to 5 years.
Federal courts have sole jurisdiction over cases of Chapter 13 Bankruptcy. To pursue this process, you must complete a petition in which you list the contact details for each of your creditors with the amounts owed. In the petition, you must also list your earnings, liabilities, and assets. Following a Chapter 13 Bankruptcy filing, creditors cannot sue you, garnish your wages, or make demanding telephone calls. Since each one of the different sections for filing differs, your circumstances are going to be unique.
What Is The Difference Between A Chapter 7 And 13 Bankruptcy In New Jersey
Under the Bankruptcy Code, the difference between filing for a Chapter 7 and 13 bankruptcy lies in the following aspects:
The debtors income level. Persons filing for chapter 7 bankruptcy must have an average income less than the states median income level. In contrast, persons with a high and stable disposable income are eligible to file a chapter 13 bankruptcy
The co-signer’s immunity to a loan. Under Chapter 7 bankruptcy, co-signers to a debtors loan are also responsible for repaying the loan. Alternatively, a chapter 13 bankruptcy exempts co-signers from paying the debtors loan.
Chapter 7 bankruptcy settles a majority of the debtors unsecured debts within three to four months. In contrast, debtors in a chapter 13 bankruptcy must repay all or part of unsecured debts within three to five years.
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What Are The Other Types Of Bankruptcy In New Jersey
Individuals or entities can also file for chapter 12 bankruptcy in New Jersey. This type of bankruptcy was designed for farmers and fishers. Similar to Chapter 13, the chapter 12 bankruptcy enables farmers and fishermen to restructure debts and pay them off within three to five years. In Chapter 12 bankruptcy, a certain percentage of the total debts must be related to commercial farming. Also, it requires family members or stockholders to hold a portion of equity or stock.
Besides filing for bankruptcy, debtors can also try out the following alternatives:
- Debt consolidation loans are an alternative option for debtors. It enables persons or entities to apply for a loan to settle all debts. In addition, it allows debtors to pay off the loan in monthly installments at meager interest rates.
- Debtors might enter into a credit counseling plan to pay off debts within a specific period.
Which Bankruptcy Option Is Right For You
After being in debt, we help individuals and businesses to regain control over their finances. Our New Jersey attorneys will assess your case and give you advice. Bankruptcy might not be the right choice for you.
Our firm can help you decide which option is best for you. We will explain the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Sometimes it is better to avoid bankruptcy than to reach an out-of-court settlement with creditors.
Our firm will talk with you about the possibility of an Assignment for Creditors, a New Jersey-based option to bankruptcy. The best way to ensure a successful bankruptcy case or an out-of-court settlement is to get the right advice right away. This tool will help you determine which chapter to submit your document under.
There are three types of bankruptcy. Chapter 7, Chapter 11, and Chapter 13. It can make a big difference in your life to know which option is right for you. BankruptcyHQ handles all types of bankruptcy cases. We can answer your questions about bankruptcy and recommend the best course for you. Here is a quick overview of the various debt reduction options available:
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New Jersey Bankruptcy Eligibility
Filing bankruptcy is an important decision, and one that you want to make only once you have received expert counsel and have a clear understanding of the options and opportunities available to you. While we are ready to help you if you have already determined that filing bankruptcy is the direction you need to go, we are also here to make sure that you choose the right option . We also want to ensure we evaluate with you if there is a better option for your situation.
How do I know if I should file bankruptcy?
If you can no longer keep up with the payments on your credit cards, it may be the time to consider filing bankruptcy. If your wages are garnished after a judgment, it may be time to consider a bankruptcy. If you are in foreclosure and behind on your mortgage payments, it may be time to consider filing bankruptcy. If you have overwhelming debt of any kind and it just does not look like there is any way to pay, it may be time to consider bankruptcy. If any of these describe your current situation, it would be helpful to contact us and let us help you assess if filing bankruptcy is the best answer for you.
Contact us directly at 973-870-0434 or schedule an initial consultation with a New Jersey bankruptcy lawyer. We can give you a FREE bankruptcy consultation on the phone so we can discuss your options.
Not Taking Any Action
Another common approach that some people take is to do absolutely nothing. If you have no valuable assets or minimal assets and you have very little or no income, you might be classified as judgment proof. This means that if you have nothing you can use to repay your creditors, any legal judgments they obtain against you are virtually useless. They might end up writing off your debt after a few years, even if you dont pay anything at all. If your circumstances change, and you gain the ability to repay either some or all the debt, your creditors might pursue you to get repaid. You can still be harassed by the creditors as they will attempt to collect what they can from you.
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Who Can File A Chapter 13 Bankruptcy In New Jersey
Individuals can file a chapter 13 bankruptcy in New Jersey under the following conditions:
- The unsecured debts, such as medical bills and credit card debts, must not exceed $394,725.
- The secured debts, such as a mortgage, must not exceed $1,184,200.
- Must provide proof of state and federal tax payments over the last four years.
- In addition to this, persons filing for tax must have a stable and monthly income higher than the states median income level of a household of that size.
Chapter 1: Used In Foreign Cases
Foreigners who have secured or unsecured debt in the United States and file for bankruptcy in their home country can use Chapter 15 to simultaneously file for bankruptcy in the United States. This chapter specifically applies to people who are not American citizens but have debt they need to resolve in the United States.
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Us Bankruptcy Court Nj
Welcome to the U.S. Bankruptcy Court for theDistrict of New Jersey
CHAMBERS EMAIL ACCOUNTS:Chief Judge Michael B. Kaplan:Judge Rosemary Gambardella:Judge Kathryn C. Ferguson:Judge Christine M Gravelle:Judge Andrew B. Altenburg, Jr.:Judge Vincent F. Papalia:Judge John K. Sherwood:Judge Jerrold N. Poslusny, Jr.:Judge Stacey L. Meisel:
Working With Your Creditors
The first step, which is also the most basic option, is to contact your creditors and ask them to work out a payment agreement of some sort with you. You should explain your current financial situation be honest and explain why you have been unable to make payments or why you cannot make payments of that amount. Oftentimes you find that your creditors will be willing to cooperate because they want to collect what you owe. They might be willing to reduce payments, extend how long you are paying on the debt, or grant you an extension.
The Shortcomings – If you directly contact your creditors, they might be willing to work with you. It is much better for them as well as for you if they are willing to negotiate. If they will work out a payment plan you can afford, lower your interest rate, or accept a lower settlement than what you owe, it helps you significantly. This can save you money and lessen the damage to your credit. But this is a grueling process that takes time. Be prepared to spend a lot of time on the phone probably hours and be willing to put your negotiation skills to work. Keep in mind that any settlement with creditors at a lower total amount than you owe can result in taxable income to you pursuant to the IRS rules. For example, if you settle a $10,000 credit card for $3,000 this may result in $7,000 in taxable income. On the other hand, if you file bankruptcy you pay nothing and there is no tax on the debt that is discharged or wiped out.
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New Jersey Bankruptcy Exemptions
When you file for bankruptcy, whether on your own or with the help of an attorney, you can submit a request to the bankruptcy trustee for bankruptcy exemptions. While the trustees job is to make sure that you pay creditors as much as possible against your secured and unsecured debt, you will still need enough money to live on day to day, as well as a few protected assets.
Exemptions can be difficult to understand because, when referring to exemption, the language used talks about equity. Equity is the value you have in something, or what that item or property is worth. So, where assets are concerned, getting an exemption for an asset means that the value is legally protected so that the bankruptcy trustee cannot liquidate it in order to repay your debt. Typically personal property that is exempt in federal court as part of bankruptcy code includes:
The homestead exemption is different from the other categories of exemptions in that it only applies to situations where liquidating the home provides more money than what you must repay on your debt. In such a case, you will get to keep the difference.
Contact An Edison Bankruptcy Attorney From Gillman Bruton & Capone Today
Facing overwhelming debt is a daunting prospect. Calls from creditors and threats of repossession or foreclosure can take a toll on families. It may seem impossible to dig out from a hole and regain financial flexibility and freedom. Thankfully, an Edison bankruptcy lawyer wants to help you. Unlike many other law firms that suggest filing for bankruptcy as the sole chance to escape from under debt, we recognize that many alternatives may be available that bring a similar outcome. Even when bankruptcy is the best option, we provide you with all of the information you need to protect your interests. Give Gillman, Bruton & Capone a call today to schedule an appointment and a free case evaluation.
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What Are The Downsides Of Filing For Bankruptcy In New Jersey
Filing for bankruptcy is generally regarded as a last option due to the following downsides:
- Bankruptcy petitions create a negative remark on credit score. For example, a Chapter 13 bankruptcy negative remark lasts on a credit score for ten years
- Filing for bankruptcy does not discharge all debts. For example, debts, such as federal and private student loans, alimony, child support, and tax debts cannot be removed by filing for bankruptcy.
- After filing for bankruptcy, debtors may find it difficult to secure traditional prime loans. Also, credit card companies may charge a higher interested rate after filing for bankruptcy
- Chapter 7 bankruptcy does not protect a guarantor or co-signer from debt collection
- Persons filing for Chapter 13 bankruptcy may repay all or part of unsecured debts over a three to five-year period.
In contrast, filing for bankruptcy offers debtors the following benefits:
- The court issues an automatic stay to prevent debt collection by creditors
- Debtors can use state or federal bankruptcy exemptions to protect certain assets and properties from liquidation
- In Chapter 11 or 13 bankruptcy, debtors can keep working and protect assets by paying over a specified period.
Where And How To File For Bankruptcy In New Jersey
Individuals and entities can file for bankruptcy in bankruptcy courts at the following locations:
Federal District Court in NewarkBankruptcy Clerk
Phone: 989-2129
Persons or entities must file for bankruptcy in New Jersey via the following general steps:
- All persons or entities must attend a credit counseling course at least six months before filing for bankruptcy. Note that a bankruptcy judge will only acknowledge a credit counseling course from an accredited credit counseling agency
- Next, debtors must collate all the required documents for filing a bankruptcy in New Jersey. Necessary documents include a voluntary petition to seek financial relief under Chapter 7, 9, 11, 12, or 13 bankruptcy. Sometimes, creditors can file for bankruptcy on behalf of the debtor – this situation is referred to as an involuntary petition. Under §§301303 of the Bankruptcy Code, an involuntary petition can be filed under Chapter 7 or 13 bankruptcy only.
- Debtors may hire an attorney to help out in filling out the required bankruptcy forms. Also, hiring an attorney increases the success rate of petitions filed under Chapter 11 or 13 bankruptcies.
- After filling out the forms, debtors must file the completed documents with the bankruptcy court clerk in their federal district. Under New Jersey state laws, debtors must operate a business or reside in the state for at least 91 to 180 days before filing for bankruptcy.
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What Is A Chapter 7 Bankruptcy
Chapter 7 is termed the liquidation bankruptcy chapter. In a chapter 7 bankruptcy you can eliminate, wipe out or discharge most types of debt. Examples of unsecured debt that can be wiped out are credit cards and medical bills. All types of people and companies — individuals, married couples, corporations and partnerships can all file a Chapter 7 bankruptcy if eligible.
Most Chapter 7 filers struggle monthly to keep up with their recurring obligations. They are concerned about losing utilities or keeping their home. They may use credit cards to pay for necessary expenses on a regular basis. Their monthly bills often consist of ordinary living costs , credit card payments, student loan payments, medical payments, or some combination of these. Some Chapter 7 filers use payday loans or personal loans frequently, but not always.
Many Chapter 7 filers do not have much in the way of assets. They may be renters and own an older car, or no car at all. Some live with parents, friends, or siblings. Others have houses that do not have much equity or are in serious need of repair. One of the reasons that Chapter 7 bankruptcy works well for these individuals is that they do not have to give up large assets because they simply do not have much equity or all their assets are exempt.
Debtors must also qualify for Chapter 7 bankruptcy by going through the means test. If debtors do not pass this test, then they must file Chapter 13 or cannot file bankruptcy at all.
Nj Chapter 13 Bankrupty Trustees
Camden, NJ Vicinage
The are only three New Jersey Chapter 13 trustees in the entire state. All New Jersey residents filing Bankruptcy petitions in the Camden vicinage will be assigned the Chapter 13 Standing Trustee, Isabel Balboa, whose office is located at 535 Route 38, Cherry Hill, NJ 08002. The majority of the first bankruptcy hearings named the 341 hearing or the Meeting of Creditors is typically scheduled at Ms. Balboas Cherry Hill office However, due to Covid 19, the hearings are conducted by way of the telephone. For individuals who reside in Atlantic County, Cape May County, Egg Harbor, or Mays Landing, the court will typically schedule the hearings in 1423 Tilton Road, Northfield, NJ.
Trenton, NJ Vicinage
All New Jersey Chapter 13 filings in the Trenton vicinage will be assigned to the Chapter 13 Standing Trustee, Albert Russo. All Meeting of Creditors for Albert Russo will be scheduled in his Robbinsville office: 1 AAA Drive Suite 101 Robbinsville, NJ 08691. However, his hearings are presently conducted through Zoom.
Newark, NJ Vicinage
All chapter 13 filings in the Newark vicinage will be assigned to the Chapter 13 Standing Trustee, Marie Ann Greenberg. All Meeting of Creditors for Marie Ann Greenberg will be scheduled at the following address, which is not the Newark Courthouse: One Newark Center, Suite 1401, Newark, NJ. However, presently, the hearings are conducted by telephone.
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