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Filing for bankruptcy

Newark, NJ |

I have way to many debts plus no way to pay anything back. I lost my job last year and I'm a full time student. What chapter would I be able to apply. I don't have any real property except my cloths and a small TV, everything else isn't mine. Plus my kids mom wants to increase child support what can I do.

Attorney Answers 5

Posted

based on what you are describing, you would be filing a chapter 7 bankruptcy. you should be aware that child support and student loans cannot be discharged in bankruptcy. If you child's mother files a motion to increase support, you should consult a family law attorney to deal with that issue.
If you have any further questions about bankruptcy or child support, you can reach my office at 551-427-4428

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.

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3 comments

Gary D. Bollinger

Gary D. Bollinger

Posted

Student loans CAN be discharged in bankruptcy, but the odds of getting a hardship discharge are only slightly better then the PowerBall lottery ticket in my pocket being thev$

Gary D. Bollinger

Gary D. Bollinger

Posted

oops,... of said ticket being the winner.

Ivan Raevski

Ivan Raevski

Posted

Yes that is why I didnt really mention it, especially for someone who is still in school

Posted

It appears from what you say that you could file a chapter 7. This will illuminate all your debt except your student loan and child support. Consult an attorney for an evaluation.

Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer given here.

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2 comments

Gary D. Bollinger

Gary D. Bollinger

Posted

To read of having debt "illuminated" in bankruptcy, certainly puts my recent auto-spelling mistake in a different light...; -)

Hermin A. Dowe

Hermin A. Dowe

Posted

It's even funny to me but I tke those things in stride

Posted

My colleagues give good advice. You will not be able to qualify for a Chapter 13, otherwise known as a Wage Earners Chapter, if you have no income. And in any event a consult with a lawyer will likely reveal that unless you earned over a certain amount of money, there simpy sn't a need for your to consider Chapter 13.

Look into a Chapter 7 with a competent attorney, and discuss your support issues with a competent divorce lawyer.

Good luck to you!

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Posted

You sound like you are currently judgment proof... When you become gainfully employed again, you may have cause for soncern about a lein, levy or wage granishment... and then perhaps it will be time to consider a bankruptcy filing. For now, based on the information you provided, I would recommend that you sit tight. If you want to discuss specifics please arrange for a free consultation with a local bankrutpcy professional.

Good luck, good health and have a GREAT DAY!

Karina lucid

This answer is offered as a public service for general information only and may not be relied upon as legal advice. No attorney-client relationship is created or is intended to be created hereby.

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Karina Pia Lucid Esq.

Karina Pia Lucid Esq.

Posted

Oh, on the child support issue, definitely find a lawyer to help you with that and make sure the Judge knows you have no current income. You shoudl not have an increase in support obligations given your financial situation. However, family court is a dicey place, from what I hear, and not somewhere that people fair well withhout counsel, generally speaking.

Posted

As a fellow NJ Bankruptcy Attorney, I would suggest to you that Ms. Lucid is correct.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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