Legal Question in Bankruptcy in New Jersey

Am I a Candidate

I and my wife make about 70,000 a year combined ,I just got custody of my 16 & 17 year old kids,we have approxamatly $47,000 in credit cards and 2 car loans we are not late on any payments but we cannot get ahead we shell out to much every month we don't own a home we live with my wifes elderly mom for free , but if we ever want to buy a home to give my kids a stable life style we will never be able to save or make a morgage payment are we eligable for bankruptcy...


Asked on 10/22/03, 7:38 pm

3 Answers from Attorneys

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

Re: Am I a Candidate

You may be able to file bankruptcy but you should keep in mind that when you file you will be required to present on your petition your monthly budget. That means you must list all your monthly income and your expenses (NOT including credit card and debt payments). This will be examined by a bankruptcy trustee. If you and your wife make $70,000 and live with a parent for free, you will most likely have enough money left over each month after expenses for making the minimum credit card payments. Unfortunately, the trustee will not care that you have future plans. He or she will only care about the numbers.

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Answered on 10/24/03, 10:19 am
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Am I a Candidate

There is nothing in the information you have provided to indicate that you are not eligible for bankruptcy relief. However, there is more information not included in your question that must be considered. It really does require a careful analysis of various data and factors by an experienced bankruptcy attorney to determine if bankruptcy makes sense for you and if so what form (i.e., chapter). For example, you might well benefit from the relief that Chapter 7 can provide, but there are things you really should understand about the process, including risks and benefits, that an experienced bankruptcy lawyer can alert you to and discuss with you before you make a decision to file for bankruptcy relief. I would be pleased to discuss with you further. Feel free to call me at (973) 664-1090.

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Answered on 10/23/03, 11:40 am
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Am I a Candidate

From the information you present in your question, it appears that you qualify for chapter 7 bankruptcy protection. I would have to discuss more details to give you a more definite answer. You and your wife could make a joint application for bankruptcy in the same case. This saves money. Call me for a consultation 201-646-9799 or visit www.gomezlegal.com for answers to your questions

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Answered on 10/23/03, 12:41 pm


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