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Chapter Personal Bankruptcy FAQ Disclaimer This information deals with Chapter consumer bankruptcy Each state has its own bankruptcy laws so you need to check with your state for details Information dealing with Chapter bankruptcy and consumer debt restructuring is not discussed in the following FAQs The information contained in the following FAQs is provided for general information purposes only and is not intended to be a legal opinion nor legal advice nor is it intended to be a complete discussion of all the issues related to the area of Chapter consumer bankruptcy Every individual's factual situation is different and you should seek independent legal advice regarding specific information What is Chapter bankruptcy? Chapter bankruptcy is a liquidation proceeding The debtor turns over all non exempt property to the bankruptcy trustee who then converts it to cash for distribution to the creditors The debtor receives a discharge of all discharageable debts Who can file a Chapter bankruptcy? You must reside or have a domicile a place of business or property in the United States or a municipality You must not have been granted a Chapter discharge within the last years or completed a Chapter plan
Page of Bankruptcy FAQ Answers to common questions about bankruptcy What exactly is bankruptcy? What exactly is bankruptcy? Bankruptcy is a federal court process designed to help consumers and businesses eliminate their debts or repay them under the protection of the bankruptcy court Bankruptcies can generally be described as liquidation or reorganization Under a liquidation bankruptcy you ask the bankruptcy court to wipe out the debts you owe Under a reorganization bankruptcy you file a plan with the bankruptcy court proposing how you will repay your creditors You must repay some debts in full; others may be repaid only partially or not at all depending on what you can afford For more information see
John D Kovac Livingston Avenue Second Floor New Brunswick NJ Phone Practice includes Workers’ Compensation Municipal Court Matters Business Litigation Civil Litigation Personal Injury Bankruptcy Estate Planing Administrative Law ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT CHAPTER BANKRUPTCY IN NEW JERSEY What is Chapter bankruptcy? Chapter offers a way out for debtors who cannot make ends meet A qualified debtor will obtain a discharge which bars creditors from taking any and all action to collect debt Chapter petitions are administered by a bankruptcy trustee who can take possession of a debtor's non exempt property and distribute it among creditors In most Chapter cases however all property is exempt the debtor keeps what little she has and walks away with a fresh start How does filing a Chapter petition keep creditors away? Immediately after a Chapter filing the Court notifies creditors of the petition and upon receipt of this notice by creditors an automatic stay takes effect pursuant to U S C § The stay prevents creditors listed in the petition from taking action to collect debt or otherwise enforcing their rights Prohibited conduct includes making phone calls sending collection letters filing a lawsuit pursuing a
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