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Bankruptcy

If you are overwhelmed with debt you cannot pay back, your home, car, and savings can all be at stake. You may have to declare bankruptcy.

Though the bankruptcy process can be stressful, you don't have to go through it alone. Law Offices of Adam C Brown Esq. PC is here to help.

Our New Brunswick and North Bergen, NJ, bankruptcy attorney can fight for you in and out of court so that you can finally find equilibrium.

Facing a Bankruptcy? Our Firm Offers Free Consultations

The financial burden of a bankruptcy case can be high. Our New Brunswick, NJ, and North Bergen, NJ, bankruptcy attorney can help address your concerns in a complimentary bankruptcy law consultation. Speak with our bankruptcy attorney to get started.

What Is a Bankruptcy?

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A bankruptcy occurs when you owe creditors but you cannot repay them. This legal process can clear your debts, though it is not without drawbacks. Our Middlesex County and Cherry Hill law firms focus on two types of bankruptcy cases: Chapter 7 bankruptcy and Chapter 13 bankruptcy.

Chapter 7 and Chapter 13 Bankruptcy: What's the Difference?

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, the quickest and most used method, essentially collects and liquidates your available assets to pay off unsecured debts. Married persons can file for Chapter 7 bankruptcy either as a couple or as individuals.

Who Can File for Chapter 7 Bankruptcy?

Individuals, partnerships, and corporations are eligible to file for Chapter 7 bankruptcy.

Pros & Cons of Chapter 7 Bankruptcy

Of these two types of bankruptcies, Chapter 7 bankruptcy is faster. The entire process takes about six months. If you need to pause collections, Chapter 7 enables an automatic stay, which prevents communications from creditors about those debts.

A Chapter 7 bankruptcy will remain on your credit report for up to 10 years.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy involves debt reorganization. A repayment plan is created in which the debtor agrees to pay at least some debts within three to five years. If the repayment plan is followed, remaining debts are eliminated even if not paid in full.

Who Can File for Chapter 13 Bankruptcy?

Individuals and businesses that are classified as sole proprietorships may file Chapter 13 bankruptcy.

Pros & Cons of Chapter 13 Bankruptcy

Once you have completed all payments over the agreed-upon repayment time, the courts will discharge all relevant, applicable debts that you have left. As long as you are not delinquent on payments, you technically do not have to pay back creditors in full.

A Chapter 13 bankruptcy will remain on your credit report for up to seven years.

Almost 400,000 Americans filed for bankruptcy in 2021 alone
Though you may feel isolated or stressed while filing for bankruptcy and referencing applicable laws, you're not alone. According to the Administrative Office of the U.S. Courts, 399,269 Americans filed for bankruptcy in 2021. During the bankruptcy process, our Middlesex, NJ, and Cherry Hill, NJ, bankruptcy lawyer can give you the support that you need to begin a new chapter in life.

"My top pick." Hear Why New Jersey Clients Trust Our Bankruptcy Lawyer

1

Amber J.

2023

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After consulting with a few lawyers, Mr.Brown was, by far, my top pick, and I was glad to have him represent me. He was extremely professional, knowledgeable, realistic about my options, and a pleasure to work with. I was very happy with how he handled my case, listened to my wants and needs, and acted on my behalf.

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1

Jazmin Peralta

2023

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Adam was tremendous help. He ensured I understood what was going on, share my concerns and provided space to address concerns and explain best next steps. He was timely and communicated effectively. Truly thankful for all your help! Would definitely recommend.

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Choose a Bankruptcy Lawyer With In-Depth Knowledge of the Law

Bankruptcy attorney Adam C. Brown understands the nuances of the law when it comes to bankruptcy cases. Before he began his career as an attorney, he completed an internship at a private tax firm. He learned numerous intricacies on finances and taxation that he may be able to use in your favor.

Mr. Brown has also benefited from guidance from mentors from the U.S. House of Representatives, as well as the New Jersey Superior Court.

Our firm can give you stability, resources, and peace of mind as you navigate the often-confusing world of bankruptcy law.

To begin, contact our New Brunswick, NJ, or North Bergen, NJ, law offices, or call:

(973) 281-2388

Attorney Adam C. Brown
Chapter 7 or Chapter 13? Bankruptcy law can be confusing. Adam C. Brown is a New Jersey lawyer who can guide you.

"One of the best lawyers in the state."

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Kimberly Taylor

2023

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I have had the absolute most pleasure of working with Mr.Brown. Work with integrity;
He is kind and caring. I have nothing negative to say about Mr.Brown. Highly recommend!

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Lateef Balogun

2023

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Y’all gotto try this lawyer men. I’m telling y’all is one of the best lawyers in state. He helped me out with my case without no stress. Thank god I found him I swear to GOD he is good in what he does.

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Important Factors to Remember As You're Applying for Bankruptcy

In order to successfully file for Chapter 13 or Chapter 7 bankruptcy, you must meet certain requirements. Mr. Brown, your bankruptcy attorney, can explain the requirements and guidelines in detail at his Middlesex County, NJ, and Cherry Hill, NJ, offices. They include:
 

Credit Counseling

Credit counseling is required by bankruptcy law. You must complete your course for full eligibility.

Honest Filing

Your bankruptcy filing can be denied if there is any evidence of fraud. Make sure your filing is accurate.

Staying Consistent

In Chapter 13 bankruptcy, all payments must be made. Missing a payment will be detrimental to your financial future.

If I Declare Bankruptcy Do I Still Have to Lose My Home?

The answer to this question depends on which type of bankruptcy you choose.

Chapter 7

Unfortunately, in New Jersey, while Chapter 7 bankruptcy can buy you more time before your home is foreclosed upon, it may only delay the eventual foreclosure.

Along with other assets, you will have to give up your home when you and your bankruptcy attorney file for Chapter 7.

Still, it gives you a valuable chance to make other arrangements — and stay in your home for longer.

Chapter 13

With a Chapter 13 bankruptcy, you will likely be able to keep your home, provided you make every payment on time.

After a Chapter 13 bankruptcy is filed, your bank must take additional steps to be able to foreclose.

If they decide to do so, they will likely file for a motion for relief from stay. Your bankruptcy lawyer, Mr. Brown, can help you if this happens. 

Can I Buy a Home Again After Going Through Bankruptcy?

The answer is yes, but not immediately.

Declaring bankruptcy and going through a foreclosure can give you a fresh slate, though it's not without drawbacks.

After Chapter 7, you may have to wait two to four years before qualifying for a loan. A Chapter 13, on the other hand, typically means you'll have to wait a little longer: about four years after your debt has been dismissed (this is after you have spent years repaying creditors).

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Chapter 7 bankruptcy takes four to six months to complete. Chapter 13 bankruptcy takes three to five years.

Filing for Chapter 7: Step by Step

The entire Chapter 7 bankruptcy process usually takes four to six months:

Credit Counseling

You must first undergo credit counseling by an approved provider.

File for Bankruptcy

Hire an attorney and begin working with them to complete the necessary paperwork within 180 days of finishing your credit counseling. Once these forms are filed, creditors won't be able to garnish your wages, contact you, or file a lawsuit against you.

Case Management

Once you have filed all the necessary forms, a court-appointed trustee will take charge of your case.

Speaking with Creditors

About three to six weeks after filing, you and your bankruptcy lawyer will meet with your creditors so they can ask questions about your finances and your bankruptcy case.

Determining Eligibility

Chapter 7 eligibility will be determined according to the interview and all information you have submitted as part of filing for bankruptcy.

Liquidation

In most Chapter 7 cases, there is no nonexempt property (things like heirlooms, equity, or memorabilia collections) to liquidate because it doesn't have a significant value. However, if you do have valuable nonexempt property, it can be sold to help pay off creditors.

Distribution of Secured Debts

At this time, you may have to give secured debts (property marked as collateral for a loan) to creditors, or pay creditors what they're worth. You may also be able to arrange to pay the debt back in cash rather than give up the collateral.

Financial Education

You will have to take a financial education course before your case can be closed.

Closing Your Case

All eligible debts are considered forgiven, and the case is subsequently closed.

"We won't hesitate to call him again." Reviews From Our Middlesex County, NJ, Law Clients

1

Dan Wang

2023

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My wife and I called Adam in regards to a potential case that we had no idea how to approach. We had a lot of questions and were quite flustered. He was extremely helpful and knowledgeable in the subject and provided us with all the information we needed. Should we need his services in the future, we won't hesitate to call him again.

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Jonathan Lloyd

2023

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Adam was a great source of knowledge and information, and make me and my fiancé very comfortable discussing typically uncomfortable matters and situations. Highly recommend his services and time!

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Law Offices of Adam C Brown Esq. PC

Law Offices of
Adam C Brown Esq. PC

Law Offices of Adam C Brown Esq. PC is a dynamic regional law firm practicing family and bankruptcy law throughout the state of New Jersey. Our professional affiliations include:

  • New Jersey State Bar
  • Garden State Bar Association
  • Hudson County Bar Association
  • National Association of Consumer Bankruptcy Attorneys

You can request a consultation online or by calling (973) 281-2388.

Contact Us Today

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