Chapter 13

Helping you repay your debts over time without losing your hard-earned assets
Contact Us Today

Chapter 13 Bankruptcy Attorney In Livingston, New Jersey

Contrary to popular belief, filing for bankruptcy doesn’t necessarily mean starting over. Many people are familiar with Chapter 7 bankruptcy or a “fresh start” bankruptcy where most assets are either exempted out or liquidated to pay off debt, but if you have regular income and you qualify, there may be another option. Chapter 13 bankruptcy enables you and your attorney to propose Chapter 13 Plan to the Court and the Chapter 13 Standing Trustee (who represents the unsecured creditors) to develop a single payment plan. If the Plan is confirmed, as long as you keep your payments current, you can emerge from Chapter 13 bankruptcy in three to five years. The key to this is formulating a Plan that works for you and the Chapter 13 Trustee, and remembering to make your “Plan Payment” and pay your normal household bills, such as Mortgage, Taxes, Insurance etc.


What You Should Consider Before Filing Chapter 13

Filing for Chapter 13 Bankruptcy is a serious financial decision. Individuals often elect to file for bankruptcy for a variety of financial reasons, but primarily among them is the fact that sometimes individuals find themselves behind on paying certain debts due to unemployment, underemployment, or other life challenges. One of the big reasons to file a Chapter 13 is to get rid or Mortgage Arrears or Tax liabilities. In addition, you MUST file for a Chapter 13 Bankruptcy if your income is above the Chapter 7 Median Income for your household size. As of November 2022, the Median Income for a single person household was $77,000 approximately. Whatever your reasons for seeking out bankruptcy, Chapter 13 bankruptcy offers individuals the legal ability to discharge certain debts while paying others. According to the District of New Jersey's Debtor Assistance Resource Guide, individuals are strongly encouraged to speak to an attorney before pursuing bankruptcy.

Call Law Office of Stuart M. Nachbar, P.C. at 973-834-8058 to schedule a consultation with a lawyer today.

Why You Need a New Jersey Bankruptcy Attorney

First of all, you need a regular, stable income – enough to make regular payments in the court’s judgment. Your income need not come from a job, but you can also qualify if you receive Social Security or disability benefits, unemployment payment, retirement benefits, or even rental income. However, if you’re a stock or commodity broker, you won’t be eligible for a Chapter 13 bankruptcy. Corporations, too, are ineligible for Chapter 13 relief. Sole proprietors and self-employed persons are also eligible if their debts fall within certain specified boundaries. Also, if your debts span more than three to five years, you will likely qualify, provided you pass a means test to determine your eligibility. Our experienced legal team can review your situation before you file to help you determine if a Chapter 13 bankruptcy is in your best interest. To get started, contact our office as soon as possible.

Contact Us Now

What Happens During a Chapter 13 Proceeding?

When you file for Chapter 13 Bankruptcy, you will be required to submit certain forms and documentation to the court. For instance, a debtor must file an itemized statement of monthly income. Income includes gifts and all other sources of income. A statement of income, as well as a statement of projected monthly expenses, must also be submitted to the court. This paperwork must be filed accurately, to ensure that the bankruptcy isn't dismissed and to make sure all statements issued to the court are factual and true. Next, the debtor must document all property owned. Finally, if individual plans to use exemptions for certain property, this property must be properly documented.


Exempt Assets: New Jersey v. Federal

Certain property is exempt from Chapter 13 Bankruptcy. Individuals can elect to use federal bankruptcy exemptions or New Jersey's exemptions. New Jersey's exemptions include disability benefits, most kinds of life insurance benefits, a car's value up to $4,450, clothing, unemployment benefits, worker's compensation benefits, and owned cemetery plots or funeral plans. Federal benefits include the federal homestead exemption which is designed to allow you to protect and retain your primary home. Individuals are allowed to keep equity in their homes up to $27,900. Jewelry, tools, books, and certain property are also protected. A bankruptcy attorney can help you review your assets and determine the best course of action to protect your exempt property.


Finally, you'll be required to compile a list of all creditors. It is important that this list be complete, or certain debts may not be discharged by the bankruptcy. Depending on how many creditors you have, the court may require you to submit this information in writing or via a CD or disk. Failure to properly submit all information can result in a delay of the bankruptcy or can even result in the case being dismissed. Because the process and paperwork are complex, most individuals who file for Chapter 13 Bankruptcy seek the advice of a skilled bankruptcy lawyer. Stuart M. Nachbar, Esq. has been helping individuals settle their bankruptcies efficiently, and effectively for over 30 years.


What Must I Include in A Chapter 13 Bankruptcy Repayment Plan?

A Chapter 13 Bankruptcy repayment plan generally has a duration of anywhere from 3 to 5 years. The plan must include a clear monthly amount that will be paid to a trustee who will then pay creditors. The plan must also show that the debtor will pay all child support and taxes in full. Additionally, the plan must include equal monthly payments for mortgages and car debts. A debtor may classify certain claims, but each claim in that classification must receive equal treatment regarding repayment. Certain debts must be paid in full, while others may receive a percentage of their outstanding balance. A Chapter 13 Bankruptcy Attorney can help individuals draft a repayment plan that will be approved by the court.


Certain debts are exempt from the Chapter 13 Bankruptcy process. These include:


  • Alimony debts
  • Child support debts
  • Most student loans
  • Personal injury debts, if related to alcohol or drugs
  • Criminal fine debts


These non-dischargeable debts must be taken into account when filing a bankruptcy repayment plan. A skilled Chapter 13 Bankruptcy attorney can help to ensure that the plan is accurate and will be accepted by the court. Stuart M. Nachbar, Esq. can review your debts, finances, and income and help you develop a plan that will allow you to move forward with Chapter 13 Bankruptcy.

Frequently Asked New Jersey Chapter 13 Bankruptcy Questions

  • Can I keep my house under Chapter 13?

    You can use Chapter 13 to prevent a foreclosure. Part of your three-year to five-year repayment plan can be used to make up mortgage payments and keep you current. You can also use the Court’s Loan Modification Program in Chapter 13, but not Chapter 7. It's important to discuss this with your bankruptcy lawyer before your home goes into foreclosure.

  • Why do I need an attorney for Chapter 13?

    All bankruptcies are complicated, but Chapter 13 requires you to develop a repayment plan. This means negotiation with the Chapter 13 standing Trustee, and resolution of any objections to your proposed Chapter 13 Plan by creditors who would prefer to be fully reimbursed for your debt. An experienced bankruptcy lawyer knows how to negotiate down your outstanding debts to manageable levels and get your plan approved by the court.

  • How does the automatic stay work in New Jersey?

    When you file for bankruptcy, the court issues an automatic stay pursuant to 11 U.S.C 362. This prevents creditors from pursuing your debt while the stay is in force. As long as you make timely payments on your repayment plan, your creditors cannot pursue the debt outside of the agreement.

  • What are non-dischargeable debts in New Jersey?

    These are debts that cannot be discharged by the completion of your repayment plan. They must be paid in full. In New Jersey, most taxes, child support, spousal support, government fines or penalties, student loan debt, HOA fees, court-ordered restitution for crimes, and obligations for a personal injury lawsuit involving a DUI accident are all non-dischargeable.

  • How are my plan payments determined?

    Your payment is going to be based on the amount of debt you owe, your disposable monthly income after deduction of reasonable household expenses, the type of the debt, and any resolution with your creditors who may object to the proposed plan. Any payment plan must be approved by the bankruptcy court. A skilled NJ bankruptcy attorney can give you the best odds of a speedy resolution.

Freedom from Debt

If you’ve been burdened by unpaid bills and debt collectors, Chapter 13 Bankruptcy might be the solution for you. Of course, bankruptcy is not for everyone and it comes with certain financial consequences. A Chapter 13 Bankruptcy lawyer can review the personal details of your case and help you find a financial solution that works for you. Contact Stuart M. Nachbar, Esq. today to learn about your rights and obligations when filing for Chapter 13 Bankruptcy. We serve clients throughout the following counties: Essex, Warren, Sussex, Morris, Passaic, Union, Somerset, Hunterdon, Bergen, Hudson, and Middlesex. We are located in Livingston, close to West Orange, Newark, Belleville, Clifton, Irvington, East Orange, Paterson, Passaic, Verona, and more.

Contact Us Now

Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.

Have Questions?

Call Law Office of Stuart M. Nachbar, P.C. at 973-834-8058 today to speak to an attorney.

Share by: