Contact
(844) 562-3572
[email protected]
TextBack Number
+1Â 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
- Additional Office Locations
(844) 562-3572
[email protected]
TextBack Number
+1Â 877-721-2590
Deliveries:
354 Eisenhower Parkway
Suite 1250
Livingston, NJ 07039
Financial hardship can strike anyone; a job loss, a medical crisis, a failed business venture, or an unexpected personal emergency can quickly turn manageable debt into an insurmountable burden. If you are struggling under the weight of creditor calls, wage garnishments, lawsuits, or foreclosure threats, you need knowledgeable legal guidance from a bankruptcy attorney in Livingston, NJ who understands both the technical requirements of bankruptcy law and the very real human stakes involved. At The Law Office of Barry E. Janay, we help individuals and businesses in the Livingston area navigate the bankruptcy process with clarity, dignity, and a clear focus on financial recovery.
Bankruptcy is a federal legal process governed by the United States Bankruptcy Code. It provides individuals and businesses with a structured mechanism for either eliminating or reorganizing debt under the protection of federal law. When you file for bankruptcy, an automatic stay immediately goes into effect, halting most collection actions, including wage garnishments, repossessions, foreclosures, and creditor lawsuits. This breathing room allows you and your attorney to evaluate your financial situation and chart a course toward stability.
Many people avoid exploring bankruptcy because of fear or stigma. The reality, however, is that bankruptcy law was designed specifically to give honest people and businesses a fresh start. Millions of Americans have used bankruptcy to rebuild their financial lives, and the protections it offers are a legitimate and valuable tool when debt has become unmanageable. At LOBEJ Law, we approach every bankruptcy case without judgment and with a genuine commitment to finding the path forward that best serves each client’s circumstances and goals.
It is also worth noting that bankruptcy is not the only tool available. Depending on your situation, alternatives such as debt negotiation, creditor workout agreements, or asset restructuring may be viable options that allow you to avoid a formal bankruptcy filing altogether. Our attorneys will conduct a thorough review of your financial picture before recommending any course of action, ensuring that the strategy we recommend is genuinely the best fit for your situation.
The two most common forms of consumer bankruptcy are Chapter 7 and Chapter 13, and understanding the differences between them is essential to making an informed decision. Chapter 7 bankruptcy, often called “liquidation bankruptcy,” allows eligible individuals to discharge most unsecured debts, credit cards, medical bills, and personal loans relatively quickly, typically within three to six months. To qualify, you must pass the means test, which compares your income to the median income in New Jersey and measures your ability to repay debts. Most filers with limited disposable income qualify.
Chapter 7 does not protect all assets. Non-exempt assets may be liquidated by a court-appointed trustee to pay creditors. However, New Jersey’s bankruptcy exemptions protect many common assets, including a portion of home equity, retirement accounts, vehicles up to a certain value, and household goods. For most individuals who qualify for Chapter 7, the exemptions are broad enough to protect the assets that matter most. Our attorneys will walk you through the applicable exemptions in detail so you understand exactly what is protected before you file.
Chapter 13 bankruptcy, by contrast, is a reorganization plan that allows you to repay some or all of your debts over a three-to-five-year period under court supervision. It is particularly valuable for individuals who want to keep their home and are behind on mortgage payments, since Chapter 13 allows you to cure mortgage arrears through the repayment plan. It is also beneficial for individuals who do not qualify for Chapter 7 due to income levels or who have assets they wish to protect that would otherwise be subject to liquidation.
For business clients, Chapter 11 bankruptcy provides a mechanism for reorganizing business debts while continuing operations. Subchapter V of Chapter 11, introduced in 2020, offers a streamlined and more cost-effective reorganization process for small businesses with debts below a certain threshold. LOBEJ Law advises business owners on whether reorganization is a viable option and, if so, how to structure a plan that satisfies creditors while preserving the going-concern value of the enterprise.
Choosing between Chapter 7 and Chapter 13, or another form of bankruptcy, involves careful analysis of your income, assets, debts, and financial goals. Our attorneys take the time to understand your full financial picture before making any recommendation, and we guide you through every step of whichever process makes the most sense for your situation.
Filing for bankruptcy involves far more than submitting paperwork to the court. A successful filing requires careful preparation, thorough documentation, strict compliance with federal procedural rules, and strategic planning. At LOBEJ Law, we manage every aspect of the bankruptcy process so that our clients can focus on moving forward rather than getting mired in legal complexity.
The process begins with a comprehensive intake meeting during which we gather detailed information about your assets, liabilities, income, expenses, and financial history. We also analyze potential preference payments, transfers of money or property to creditors in the months before filing that may be subject to recovery by the bankruptcy trustee, and advise you on how to avoid inadvertently complicating your case. This preparation phase is critical and often makes the difference between a smooth filing and a contested one.
Before you can file for bankruptcy, you are required to complete a credit counseling course from an approved provider. This must be done within 180 days before filing. Our office will guide you to the appropriate resources and confirm that this requirement has been met before we file your petition. Similarly, after receiving a bankruptcy discharge, you must complete a financial management course before your case can be fully closed.
Once your petition is filed, the automatic stay goes into effect immediately. A court-appointed trustee will be assigned to your case and will review your petition, schedules, and supporting documentation. In Chapter 7 cases, the trustee conducts a meeting of creditors (known as a 341 meeting) at which you will answer questions about your financial affairs under oath. Our attorneys prepare you thoroughly for this meeting and attend alongside you to ensure that your interests are protected.
From the filing of the petition through the resolution of your case, whether that is a discharge in Chapter 7 or the confirmation of a repayment plan in Chapter 13, LOBEJ Law is with you every step of the way. We handle communications with the trustee and creditors, file all required motions and responses, and advocate for you if any objections arise. Our goal is to make the process as smooth and stress-free as possible while achieving the best possible outcome for your financial future.
At LOBEJ Law, we offer a comprehensive range of legal services to individuals, families, and businesses throughout New Jersey. Our bankruptcy practice is just one of many areas in which we provide skilled, client-focused representation.
For business owners facing legal questions related to their companies, our Business Law team offers guidance on contracts, compliance, entity structure, and commercial disputes. If your business is struggling financially, we can advise on both reorganization options and business law considerations simultaneously.
Our Wills, Trusts, and Estate attorneys help clients protect their assets and plan for the future. Proper estate planning can be an important part of a comprehensive financial recovery strategy after bankruptcy.
For property-related matters, our Real Estate practice handles transactions, disputes, and title issues with professionalism and attention to detail. If foreclosure was part of what drove you to consider bankruptcy, our real estate attorneys can advise on related matters.
Our Criminal Law Defense team stands ready to assist clients facing charges of any kind, bringing the same thorough, strategic approach to criminal defense that defines all of our work.
The Commercial Collections practice assists businesses in recovering unpaid debts, providing an important service on the creditor side of financial disputes.
Our Aviation Law team serves pilots, aircraft owners, and aviation businesses across New Jersey and beyond with specialized legal counsel in this complex regulatory environment.
Our Bankruptcy Debtor Collection practice is specifically designed to help clients understand and assert their rights under federal bankruptcy law, whether they are debtors seeking protection or creditors seeking to collect.
And for those whose fundamental rights have been violated, our Civil Rights attorneys provide determined advocacy in the face of discrimination, misconduct, and other civil rights violations.
Contact LOBEJ Law today to discuss your situation and learn how we can help you move forward.
A bankruptcy filing will appear on your credit report for seven to ten years, depending on the chapter filed, but it does not permanently destroy your creditworthiness. Many clients begin rebuilding their credit within one to two years of their discharge through responsible use of secured credit cards, credit-builder loans, and timely bill payments. The fresh start that bankruptcy provides often puts clients in a far better financial position than they were in while carrying unmanageable debt. A bankruptcy attorney in Livingston, NJ at LOBEJ Law can advise you on steps to take immediately after discharge to begin the rebuilding process.
Whether you can keep your home depends on several factors, including the type of bankruptcy you file, the amount of equity in your home, and whether your mortgage payments are current. In Chapter 7, if your equity falls within New Jersey’s homestead exemption limits and your mortgage payments are current, you may be able to keep your home. In Chapter 13, you can often keep your home even if you are behind on mortgage payments by including the arrears in your repayment plan. Our attorneys will carefully analyze your situation to help you understand all available options for protecting your home.
Certain categories of debt are generally non-dischargeable in bankruptcy, including most student loans, child support and alimony, recent tax debts, debts arising from fraud, and criminal fines. The dischargeability of some debt, such as certain tax obligations, may depend on when they were incurred and other specific factors. Our attorneys will review your debt profile in detail to identify which obligations can be eliminated through bankruptcy and which will remain after discharge, so you have a clear and realistic picture of what bankruptcy will and will not accomplish for you.
The timeline varies depending on the type of bankruptcy filed. Chapter 7 cases for individuals typically conclude within three to six months of filing, assuming no complications arise. Chapter 13 cases involve a three-to-five-year repayment plan, so the process is significantly longer. Chapter 11 business reorganizations vary widely in duration depending on the complexity of the case. Our attorneys will give you a realistic timeline estimate during your initial consultation based on the specific facts of your situation.
A bankruptcy attorney is a licensed legal professional who provides legal advice, files legal documents on your behalf, and represents you in court proceedings. Debt consolidation companies, by contrast, are typically not law firms and cannot provide legal advice or file legal proceedings. While debt consolidation may be appropriate in some situations, it is not always the most effective or legally sound option, and some debt consolidation companies have been known to engage in deceptive practices. Consulting with a qualified bankruptcy attorney in Livingston, NJ, ensures that you receive accurate legal advice about all available options before making any decisions.
The below conversational form is designed to help us better understand your needs and determine how we can assist you most effectively. Please answer the questions to the best of your ability.
Phone
(844) 562-3572
Email
[email protected]
Fax
(908) 379-8754
Primary Address
354 Eisenhower Parkway Suite 1250 Livingston, NJ 07039
New York Office
90 Broad St. 25th Floor, New York, NY 10004
Satellite Office
766 Shrewsbury Ave., Suite E-202 Tinton Falls, NJ 07724