If you find it difficult to repay your debt, you may file for a chapter 7 bankruptcy to protect yourself from being legally accountable to pay your creditors. This can be a preventive measure that individuals take to avoid legal hassles from their creditors. The requirements for a Chapter 7 vary from state to state.
You will be required to get through a means test – Filing Chapter 7 Bankruptcy in New Jersey, a debtor’s household income is compared to the median income standards in New Jersey from 2011. For an individual filing alone, an annual income under $59,812 can easily pass the means test.
For a family of four, the acceptable income is $102,894. If a debtor’s income exceeds the median, it is still possible to file for a chapter 7 bankruptcy, but the debtor must show that he or she does not have disposable income to pay back the creditors.
Requirements before filling Chapter 7 Bankruptcy in New Jersey:
- To file chapter 7 bankruptcy, the debtor needs to have been a resident of the state for a minimum of sex month prior to filing the petition.
- Prior to filing Chapter 7 Bankruptcy in New Jersey, the debtor must complete certified credit counseling no more than 6 months before filing.
- The debtor must attend a 341 meeting with a trustee and provide six months (6) of his or her pay advises and his or her last filed income tax return.
Where to file the Chapter 7 Bankruptcy in New Jersey – Depending on the place of residency of the debtor, the case will be filed in one of the three bankruptcy district courts:
The fees – There is a filling fee for chapter 7 of $306, which is to be paid at the time of filing. It is also possible to receive a waiver of the filing fees.
Exempting property – When filing for Chapter 7, the debtor may keep thousands of dollars worth of assets. Cars, furniture, clothing, bank accounts, pension plans and many other kinds of assets may be exempt and retained by the debtor.
Filing chapter 7 bankruptcy in New Jersey can be done without an attorney but it is highly recommended that a debtor retains an attorney to ensure that the filing is done properly.