Legal Question in Bankruptcy in New Jersey

Is it right for me?

I have been unemployed for over 6 months now. I have been unable to find a decent job, and my NJ unemployment benefits have run out.

I have about $13000 in credit card debt.

I pay a monthly rent, but it is to my mother, so I don't worry too much (for now)

I LEASE an automobile, which I need in order to go look for work and go to interviews.

I have about $3,000 in investments (currently not showing a profit)

Is bankruptcy right for me...and would I lose my car and/or investments?


Asked on 1/24/01, 8:12 pm

4 Answers from Attorneys

Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Is Bankruptcy right for you?

From the information you have given, it sounds like you may be an ideal candidate for a Chapter 7 Bankruptcy as long as you remain unemployed. Your credit card debt could likely be discharged and, as long as you remain current on the car lease payments, you will not lose the car as you do not own it and the lease agreement can be reaffirmed. The investment amount you gave may fall within the exemption amount so you may be able to keep it. Of course an attorney should evaluate your entire situation carefully in order to make an intelligent and well-informed recomendation. If you have further questions, I will be happy to speak with you or send you a brochure to read further about Bankruptcy. Feel free to call me at my New Jersey Office: (201) 459-0545.

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Answered on 3/08/01, 10:45 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Is bankruptcy the appropriate road?

It could be. It looks like you have no assets that would be subject to attack by a bankruptcy trustee and (depending on what it is made up of) only dischargeable debt. Bankruptcy could be a very good course for you. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 3/08/01, 7:04 am
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Is it right for me?

Given that the information you have provided is relatively sparce and the need for an attorney to review with you your complete financial situation, a Chapter 7 may enable you to discharge the credit card debt while exempting from your bankruptcy estate, and thus a bankruptcy trustee, the assets that you might have. The leased car does not appear to be problematic because you don't own it, and the investments may be subject to exemption under the bankruptcy code. Feel free to contact me if you'd like to discuss further.

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Answered on 3/08/01, 9:49 am
Beverly Muller Beverly Sharps Muller, Esquire

Re: Is it right for me?

hi -

it sounds like you might be a good candidate for a chapter 7 bankruptcy. the credit card debt could be wiped out; you could reaffirm the car debt. your assets would probably be exempt. feel free to call me at 609 263-0089 if you have any other questions. good luck !

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Answered on 3/08/01, 10:23 am


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