A Comprehensive Guide to Understanding Chapter 13 Bankruptcy

Mar 27, 2023

A Comprehensive Guide to Understanding Chapter 13 Bankruptcy

Filing for bankruptcy can be a daunting process, but it is important to understand that it is not the end of the world. In fact, it can be a new beginning if you file for Chapter 13 bankruptcy. This type of bankruptcy can help you get back on track financially, but it is essential to know the specifics of how it works. In this blog post, we will discuss the ins and outs of Chapter 13 bankruptcy, including how it can affect your job and the benefits it offers. At Carroll Law Firm, P.C., we understand the financial challenges that you may be facing, and we are committed to assisting New Jersey residents in all bankruptcy matters.


What is Chapter 13 bankruptcy?



Chapter 13 bankruptcy is a type of bankruptcy that allows you to reorganize your debt while keeping your assets. In short, Chapter 13 bankruptcy provides you with a court-approved repayment plan, which allows you to pay off your debts over three to five years, depending on circumstances. Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy does not require you to liquidate your assets to pay off debt.


Will filing for Chapter 13 bankruptcy affect my job?


Filing for Chapter 13 bankruptcy should not affect your job. Employers are not informed when an employee files for bankruptcy, and there are no laws that allow employers to discriminate against individuals who have filed for bankruptcy. However, if you have a security clearance or a job that requires financial responsibility, it is important to consult with an attorney to discuss the specifics of how filing for bankruptcy can affect your job.


Benefits of filing for Chapter 13 bankruptcy


One significant benefit of filing for Chapter 13 bankruptcy is that it can help you keep your assets. The repayment plan allows you to pay back your debts over time and keep your assets, such as your home and car. Additionally, filing for Chapter 13 bankruptcy can stop foreclosure proceedings, creditor harassment, and wage garnishments.


Another benefit is that filing for Chapter 13 bankruptcy can help you improve your credit score in the long run. Although the bankruptcy will stay on your credit report for seven years, you can start rebuilding your credit as soon as you receive your court-approved repayment plan, as long as you make your payments on time.


Can I file for Chapter 13 bankruptcy on my own?


Technically, you can represent yourself in a bankruptcy case. However, it is highly recommended that you hire an experienced bankruptcy attorney to help you navigate the process. Bankruptcy laws are complex, and a knowledgeable attorney can provide the guidance you need to make informed decisions about your finances. At Carroll Law Firm P.C., we provide a free consultation to discuss your specific financial situation and determine whether filing for Chapter 13 bankruptcy is the right choice for you.


Filing for Chapter 13 bankruptcy can help you regain control of your finances and protect your assets while providing you with a court-approved repayment plan that works for your unique circumstances. With the right legal guidance, you can get back on track financially and start fresh. At Carroll Law Firm, P.C., we are dedicated to helping New Jersey residents with their bankruptcy matters. Contact us today to schedule a free consultation and get started on the path to financial freedom.


15 May, 2024
As a New Jersey resident, it's important to understand civil tax violations and the potential consequences they can have on your financial well-being. Whether you've made an innocent mistake on your taxes or intentionally committed fraud, seeking legal advice from a qualified attorney is crucial in navigating the complex world of tax law. In this blog post, we'll delve into what civil tax violations are, common types of violations, and how a skilled attorney in New Jersey can assist you in resolving these issues. Civil tax violations refer to instances where taxpayers fail to comply with tax laws without any intent to commit criminal wrongdoing. These violations can range from simple errors on tax returns to more serious offenses such as underreporting income or claiming false deductions. It's important to note that civil penalties for tax violations can still result in hefty fines and other consequences, even if no criminal intent is present. This is why seeking legal guidance from a knowledgeable attorney is essential in addressing these matters effectively. One common type of civil tax violation is negligence, which occurs when taxpayers fail to exercise reasonable care in preparing their tax returns. Negligence can include careless mistakes, inaccuracies, or omissions that result in underpayment of taxes owed. Another type of violation is substantial understatement of income, which occurs when taxpayers significantly underestimate their income on their tax returns. Both negligence and substantial understatement of income can lead to penalties imposed by the IRS. In cases where taxpayers intentionally underreport their income or engage in fraudulent activities to evade taxes, they may face more severe consequences such as civil fraud penalties or even criminal charges. However, even unintentional errors on tax returns can still result in costly penalties and interest payments if not addressed promptly. This is where a skilled attorney specializing in civil tax violations can provide valuable assistance in negotiating with the IRS on your behalf and developing strategies to resolve these issues effectively. If you find yourself facing civil tax violations in New Jersey, it's crucial to seek legal representation from an experienced attorney who understands state and federal tax laws. A qualified attorney can help you navigate the complexities of the legal system, protect your rights throughout the process, and work towards achieving the best possible outcome for your case. By enlisting the help of a knowledgeable professional, you can minimize the financial impact of civil tax violations and take steps towards resolving these issues efficiently. Dealing with civil tax violations can be overwhelming and stressful for any taxpayer. However, with the guidance of Carroll Law Firm, P.C., you can rest assured that your case will be handled with expertise and care. If you're facing civil tax violations in New Jersey, don't hesitate to reach out to us. Remember that seeking professional help early on can make all the difference in successfully resolving your tax issues and moving forward towards financial stability.
19 Apr, 2024
Understanding the Benefits of Chapter 11 Bankruptcy in New Jersey
15 Mar, 2024
Dealing with taxes can be complex and stressful, especially when you find yourself facing civil tax violations. Residents of New Jersey, like in any other state, can find themselves in hot water with state tax laws if not careful. In this blog post, we’ll discuss what civil tax violations are, how they occur, and why consulting with a seasoned civil tax violations attorney could be the best action you can take to protect your rights and finances. What Are Civil Tax Violations? Civil tax violations are non-criminal infractions of tax laws. Unlike tax fraud or evasion, which involve willful deception, civil tax violations usually stem from oversight, misinterpretation, or misunderstandings of tax regulations. Common examples include underreporting income, claiming inappropriate deductions or credits, and failing to file tax returns. In New Jersey, the consequences of civil tax violations can range from monetary fines to penalties and interest charges on unpaid taxes. In severe cases, it could even lead to liens against your property or bank levies. How Civil Tax Violations Occur For many New Jersey residents, tax violations are not a product of intentional misconduct, but often result from: Misunderstanding the intricate tax laws Oversights when preparing tax returns Incorrect or incomplete record-keeping Unintentional errors in calculations Late filing due to personal circumstances Whatever the reason behind the misstep, the implications can be serious and seeking professional guidance is crucial. The Role of a Civil Tax Violations Attorney When faced with a civil tax issue, an attorney specializing in civil tax violations provides not just legal advice but representation that can ensure your case is treated fairly under the complex New Jersey tax code. They can help you: Navigate the Legal Tax Landscape With expert knowledge of both federal and state tax laws, a tax attorney can guide you through the complexities of your obligations and rights as a taxpayer. Represent You Before Tax Authorities Skillful negotiation with tax authorities by an experienced attorney can often lead to a more favorable outcome, from reduction in penalties to setting up manageable payment plans. Address Underlying Issues An attorney can help determine the cause of tax issues and recommend strategies to prevent future violations, such as more accurate record-keeping or timely filings. Litigate in Court If necessary, a tax attorney can represent you in the court of law, defending your position and striving to get penalties reduced or dismissed.  When to Contact a Civil Tax Violations Attorney You should consider reaching out to an attorney if you: Received a notice from the New Jersey Division of Taxation Are subject to an audit or investigation Disagree with the assessment made by tax authorities Need assistance with filing back taxes or correcting returns Desire to appeal a tax decision or penalty For New Jersey residents, civil tax violations can be an unsettling experience. However, understanding the role of a civil tax violations attorney and when to engage one can be the difference between swift resolution and an ongoing battle with tax authorities. If you're dealing with any issues related to civil tax violations, seeking legal help can be a wise decision. An attorney's expertise could save you not just money but also the time and stress of navigating through the system on your own. For expert advice or representation regarding your civil tax concerns, reach out to a qualified New Jersey civil tax violations attorney today. Your peace of mind and financial well-being are worth the investment. Don’t face tax challenges alone; a knowledgeable attorney is your best ally in resolving your tax issues and ensuring compliance with New Jersey tax laws.
08 Feb, 2024
Foreclosure is a daunting experience that can cause emotional and financial stress. If you're facing foreclosure, you may feel helpless and overwhelmed. However, it's important to know that you have legal rights and options available to help you keep your home. One of the best ways to protect your rights and fight foreclosure is by hiring a foreclosure defense attorney. In this blog post, we'll discuss why you need a foreclosure defense attorney in New Jersey. Legal Knowledge and Experience Foreclosure defense attorneys are experts in real estate law and have extensive knowledge of the legal system. They understand the complex laws governing foreclosures, including state and federal regulations, which can be challenging for someone without legal training to navigate. With their experience, they can analyze your case and identify potential defenses that could help save your home. Negotiation Skills Foreclosure defense attorneys not only have legal expertise but also excellent negotiation skills. They can negotiate with your lender on your behalf to reach a settlement or modify the terms of your mortgage loan, such as reducing interest rates or extending the repayment period. Their negotiation skills could help prevent foreclosure and keep you in your home. Protection of Your Rights A foreclosure defense attorney will work tirelessly to protect your rights throughout the process. They can challenge any wrongful actions taken by your lender or mortgage servicer, such as improper service of process or predatory lending practices. Additionally, they can ensure that all paperwork is filed correctly according to state law. Confidence in Court Proceedings If litigation becomes necessary, having a foreclosure defense attorney on your side can give you confidence during court proceedings. The attorney will represent you during hearings and trials, presenting evidence on your behalf and arguing against the lender's claims. With an experienced lawyer advocating for you in court, there's a higher chance of success in your case. Cost-Effective Solution Hiring a foreclosure defense attorney may seem expensive, but it's often a cost-effective solution in the long run. The attorney can help you avoid costly mistakes and delays that could prolong the foreclosure process and lead to additional legal fees. Additionally, they may be able to negotiate a more favorable outcome for you than you would have been able to achieve on your own. Foreclosure is a stressful situation that can leave you feeling hopeless. However, hiring a foreclosure defense attorney in New Jersey can be an effective way to protect your rights and fight back against foreclosure. They have the legal knowledge and experience, negotiation skills, and ability to protect your rights throughout the process. With their help, you may be able to keep your home and move forward with financial stability. Don't hesitate to reach out for assistance if you're facing foreclosure – it could make all the difference for your future.
24 Jan, 2024
Nobody wants to declare bankruptcy.
15 Dec, 2023
Chapter 7 vs Chapter 13 Bankruptcy: Which is Right for You?
09 Nov, 2023
Foreclosure can be a scary prospect for homeowners. When you fall behind on your mortgage payments, you may start to receive notices of default and foreclosure from your lender. But there are alternatives to foreclosure that can help you stay in your home or avoid the negative consequences of foreclosure. In this blog, we’ll explore the options available to New Jersey homeowners who are struggling financially and facing the possibility of foreclosure.  1. Loan Modification A loan modification is a change to your existing mortgage that can reduce your interest rate, lower your monthly payment, or extend the term of your loan. If you're struggling to make your mortgage payments because of a temporary financial hardship, such as a job loss or unexpected medical expenses, a loan modification may be a good option for you. A loan modification can help you maintain your credit rating and avoid foreclosure. 2. Short Sale A short sale is an agreement between you and your lender to sell your home for less than you owe on your mortgage. If the value of your home has decreased and you're unable to make your mortgage payments, a short sale may be an option to avoid foreclosure. While a short sale will negatively impact your credit score, it’s usually less severe than a foreclosure. Additionally, some lenders may offer incentives to homeowners who agree to a short sale to avoid the expense of foreclosure proceedings. 3. Deed in Lieu of Foreclosure A deed in lieu of foreclosure is an agreement between you and your lender to transfer ownership of your property to the lender in exchange for a release from your mortgage obligation. This option is available for homeowners who can't afford their mortgage payments but want to avoid foreclosure. A deed in lieu of foreclosure can be less harmful to your credit than a foreclosure. However, it’s important to note that not all lenders will agree to this option. 4. Chapter 13 Bankruptcy Chapter 13 bankruptcy allows you to reorganize your debts and create a manageable repayment plan that can help you keep your property. If you're facing foreclosure, filing for Chapter 13 bankruptcy can halt the foreclosure proceedings and create a more manageable repayment plan. It’s important to note that bankruptcy can have long-term effects on your credit score and financial standing. 5. Attorney Assistance An attorney can help you understand your options and negotiate with your lender to avoid foreclosure. A foreclosure attorney can help you explore foreclosure alternatives, such as loan modification or a short sale, based on your individual financial situation. Your attorney can also help you navigate complex legal proceedings and advocate on your behalf in court. If you’re struggling to make your mortgage payments and facing the possibility of foreclosure in New Jersey, it’s important to understand your options. Loan modification, short sale, deed in lieu of foreclosure, Chapter 13 bankruptcy, and the assistance of an attorney can all help you stay in your home or avoid the negative consequences of foreclosure. To learn more about the foreclosure alternatives available to you, contact an experienced foreclosure attorney in New Jersey today.
By Andrew Carroll 29 Sep, 2023
Losing your home can be a terrifying prospect, but it's a reality for many New Jersey residents facing foreclosure. Foreclosure is the legal process by which a lender takes possession of a home when the homeowner is unable to make the mortgage payments. In New Jersey, the foreclosure process can take several months, but the good news is that there are steps you can take to prevent it. In this blog, we'll explore some tips for stopping the foreclosure process and how an attorney can help. 1. Contact Your Lender: The first step in preventing foreclosure is to contact your lender as soon as you realize that you can't make your mortgage payments. Many lenders have programs designed to help homeowners in this situation. You may be able to negotiate a payment plan, modify your loan, or temporarily delay payments. It's essential to communicate with your lender and be open and honest about your financial situation. 2. Consider Loan Modification: Loan modification is a process where the terms of your loan are modified to make payments more affordable. This could include reduced interest rates, longer loan terms, or changing from an adjustable to a fixed rate mortgage. Loan modification can be a complex process, and it's recommended to have an attorney assist you. 3. Avoid Foreclosure Scams: Unfortunately, there are many scammers out there who prey on homeowners facing foreclosure. They make promises to stop the foreclosure process for a fee, but often these services are fraudulent, and the homeowner ends up losing more money. Be cautious and consult with an attorney before hiring any foreclosure-prevention services. 4. File for Bankruptcy: Filing for bankruptcy could put an immediate stop to the foreclosure process. Chapter 13 bankruptcy can help you restructure your debt and catch up on mortgage payments over time. Filing for bankruptcy can be a complex and emotional process, so it's essential to have an experienced attorney guide you through it. 5. Hire an Attorney: An attorney can help you navigate the foreclosure process and potentially stop it altogether. They can assess your situation, negotiate with your lender, and provide legal advice. An attorney can also represent you in court, if necessary. Facing foreclosure can be a daunting experience, but you don't have to do it alone. By contacting your lender, considering loan modification, avoiding scams, filing for bankruptcy, and hiring an attorney, you could prevent or stop the foreclosure process altogether. If you're a New Jersey resident facing foreclosure, we recommend reaching out to an experienced foreclosure attorney for legal advice and representation.
By Andrew Carroll 31 Aug, 2023
Bankruptcy is a legal process that allows individuals or businesses to deal with insurmountable debt issues. Chapter 7 bankruptcy, specifically, involves liquidating assets and using the proceeds to pay off creditors. While this is a viable solution for getting your finances back on track, you might wonder about the impact on your job. Will filing for chapter 7 bankruptcy affect your job in any way? In this blog post, we’ll look at the potential impact of filing for chapter 7 bankruptcy on your job. We’ll explore the legalities involved, as well as any practical consequences that may arise as a result of the bankruptcy.  1. Legally Protected under Bankruptcy When you file for bankruptcy, you are legally protected against any discrimination or retaliation from your employer. In fact, bankruptcy laws specifically prohibit employers from discriminating against employees or terminating their employment solely because they have filed for bankruptcy. This applies to all employees, including those who have filed for chapter 7 bankruptcy. 2. Public Records of the Bankruptcy Even though your employer cannot discriminate against you for filing for chapter 7 bankruptcy, the fact that you have filed is a matter of public record. This means that anyone can access this information, including potential employers. It’s important to be honest about your bankruptcy filing in the job application process, as failure to disclose this information can result in termination once the employer discovers it. 3. Credit Check for Certain Jobs Some jobs, such as those in the financial industry or those that require security clearance, may require a credit check as part of the application process. In these cases, a bankruptcy filing may impact your chances of getting the job. Be sure to check the job requirements and understand the potential effect before filing for chapter 7 bankruptcy. 4. Wage Garnishment and Collection Calls If you are experiencing overwhelming debt, it’s possible that your wages may already be subject to garnishment or that you receive multiple collection calls per day. Filing for chapter 7 bankruptcy can alleviate these issues, which in turn can positively impact your job performance. Additionally, once you file for bankruptcy, creditors are legally barred from making collection calls or wage garnishment attempts. 5. Prioritizing Your Finances Ultimately, filing for chapter 7 bankruptcy can be the first step toward a more stable financial future. By prioritizing your finances, you’ll be better equipped to handle unexpected expenses and provide for yourself and your family. This stability can positively impact your job performance and future job prospects. While filing for chapter 7 bankruptcy does not have an immediate impact on your job, it’s important to understand the legal and practical implications. The law offers protections against discrimination or retaliation, but your bankruptcy filing is a matter of public record. Additionally, certain jobs may require a credit check, which can impact your chances of getting hired. However, filing for chapter 7 bankruptcy can also alleviate the stress and consequences of overwhelming debt, which can improve your job performance and future job prospects overall. It’s essential to have a comprehensive understanding of the potential impact on your job before filing for chapter 7 bankruptcy.
04 Jul, 2023
What Documents Do I Need in Order to File for Bankruptcy?
More Posts
Share by: