Your NJ Bankruptcy Case With a NJ Bankruptcy Lawyer

If you reside in Toms River, Brick Township, Jackson Township, Lakewood or any other municipality in either Ocean County or Monmouth County, your bankruptcy proceeding will be filed and heard at the Clarkson S. Fisher Building and U.S. Courthouse, located at 402 E. State Street in Trenton, New Jersey.  To get step by step directions to the Trenton Bankruptcy Court, see the map at the bottom of this page.

There were approximately 6,000 bankruptcy filings in Monmouth and Ocean Counties in 2012.  All of the cases were filed in Trenton.  Prior to your bankruptcy filing, you will provide your bankruptcy attorney with all of the requested information outlining items such as your income, various debts and liabilities.  Based on information you supply to the attorney, they will then prepare your Petition (Complaint for Divorce) and accompanying schedules.

About Your First Bankruptcy Court Appearance

After the filing of the Petition, you will be required to attend a meeting of creditors, also called a 341 hearing.  Typically in a Chapter 7 bankruptcy filing this is the only time you will be required to appear in court.  Your involvement with the bankruptcy judge is often times limited.  Your bankruptcy attorney will be present with you at the meeting.  During this hearing, the bankruptcy trustee will ask questions concerning the documentation that you supplied to the court.  You are required to answer the questions asked by the bankruptcy trustee under oath.

Some of the questions you can expect to be asked at the meeting of creditors may include:

  • Have you read the schedules and statements before signing them?
  • Are you personally familiar with the information contained in those documents?
  • Have your documents been completed truthfully?
  • Are there any errors or omissions in the documentation that you supplied?
  • Have you ever filed for bankruptcy previously?
  • Do you own any property?  If so, what is the property’s value and mortgage amount?
  • Have you filed your tax returns for previous years?
  • Is any money owed to you by any individuals?
  • Are you entitled to any life insurance proceeds or inheritance?
  • Do you have any claims against any individual or business?
  • Have you engaged in the operations of any business in the last six years?

What Happens Next in my NJ Chapter 7 Bankruptcy Case?

Subsequent to the 341 hearing, the bankruptcy trustee may request that you provide additional information.  You are to comply and provide any documentation that is requested.  If there is such a request, your bankruptcy attorney will assist you in responding to the trustee.

Approximately 60 to 90 days after your hearing, you will receive a discharge order from the court.  This is the official order from the Bankruptcy Court that will provide you with documented relief from your obligation to pay your debts that have been discharged.  You should keep this order in a safe place when you receive it, as it may be required in order for you to reestablish your credit.  There is no need for you to appear in court to receive this order, as it will be mailed directly to you from the New Jersey Bankruptcy Court.

Steps to Filing for Chapter 7 Bankruptcy in NJ

The steps involved in a New Jersey Chapter 7 bankruptcy filing, from start to finish, include the following:

  1. Consultation with an experienced NJ Bankruptcy Lawyer.
  2. Providing documents to your NJ Bankruptcy Lawyer that are required in order for you to file your bankruptcy Petition with the court.  The documents include, but are not limited to, pay stubs, tax returns, mortgage statements and car payments, etc.
  3. The preparation of the bankruptcy Petition, which will be handled by your New Jersey bankruptcy attorney.  The Petition will be prepared based on the information you supply to the bankruptcy attorney.
  4. The filing of the bankruptcy Petition.  If you are a resident of either Monmouth County or Ocean County, your Petition will be filed in the U.S. Bankruptcy Court in Trenton, NJ.
  5. You will be required to attend the 341 meeting of creditors.  As noted above, this meeting is conducted by the Bankruptcy Court trustee and you will be asked certain questions under oath.
  6. Obtain the discharge order.  This order is the final order signed by the court that eliminates all outstanding debt that you sought relief from in your bankruptcy filing.

Call Villani & DeLuca for Bankruptcy Advice

To receive a free consultation regarding any questions concerning a New Jersey bankruptcy or whether bankruptcy is an option for you, please call 732-965-3390 today.  One of our firm’s experienced NJ Bankruptcy Lawyers will go over your situation with you and provide you with answers to all of your concerns.

Get Directions to the U.S. Bankruptcy Court in Trenton, NJ

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