If you are like many Bergen/Hudson and Passaic County debtors today, you may be in a situation where you are overwhelmed with debt, having difficulty making your mortgage payments or are considering some form of debt relief such as consolidation, settlement or even bankruptcy. In any of these or similar matters, it can be difficult to determine what course of action you should take to seek relief. This is when we advise discussing your financial situation, your concerns and your goals with an experienced New Jersey bankruptcy lawyer. This is a potentially sensitive and complex matter that will have lasting effects for you and your family. With the right information and advice provided to you by an honest legal professional, you have the opportunity to make a decision that will positively impact your finances - and put your concerns at ease.

Thousands of residents in northern New Jersey are facing difficult times due to our current economic conditions. Whether you have been affected by a job loss, divorce, medical expenses or overwhelming credit card debt, you may find yourself unsure of what your next step should be. Having to confront handling your finances can be a difficult thing to do, but ignoring them can lead to dire consequences. With the help of a caring and dedicated New Jersey bankruptcy attorney at the Rafael Gomez, Attorney at Law, P.C., our firm will work closely with you to determine your financial situation and recommend the best option for your circumstances. Rafael Gomez will not speak to you in complicated legalese, instead he will explain in simple terms the options for relieving your financial situation. Scheduling a free bankruptcy consultation is your first step towards peace of mind and eliminating your debt.

Many people assume that bankruptcy should never be an option, buying into the many bankruptcy myths that surround the process. It appears complex, frightening and may seem insurmountable, something you can never come back from. This is not the case, however, and the myths should not be believed. With the proper guidance and experienced legal support of a knowledgeable New Jersey bankruptcy attorney, it doesn't have to be the end of your life, but rather a way to begin the next chapter of it. By sitting down and evaluating your situation with you, Rafael Gomezn will be able to help you decide whether a Chapter 7 or a Chapter 13 would be a better fit, as well as help you understand all of the aspects caused and affected by it, including foreclosure, credit card debt and life after bankruptcy. By thoroughly and completely comprehending both the process and all the ramifications, you can feel more comfortable as your begin to navigate through it with the help of your Bergen, Hudson, Passaic County bankruptcy lawyer at your side.

Dealing with Bankruptcy in New Jersey

When dealing with bankruptcy, there will be many decisions to make. A thorough and complete review of your finances will be conducted, along with a confidential and detailed interview with you to assist in determining the strategy that will be used to once again obtain your financial freedom. With the right approach, you can experience the many benefits that bankruptcy or other forms of debt relief can offer you while mitigating any potentially negative results.

Our firm can provide you with information and legal expertise in virtually any area related to bankruptcy.

Any one of these important topics may have a significant impact on your decision to file for bankruptcy or to seek an alternative route for debt relief. We understand that, Chapter 7 or Chapter 13 may not be the right option for every client, and that is why our legal services are based upon a foundation of personalized attention and dedicated client service. When you work Rafael Gomez, you can rest assured that we will offer you information that is pertinent to your unique case as we guide you in making the right decision for YOU, your family and your future. 

Eliminate Your Debt

At the law firm of Rafael Gomez we understand what a trying and stressful time you are likely going through. It is never easy to file for bankruptcy, but with the entire process explained to you, it can become simpler for you to make an informed decision as to what option will work best for you. Not only can we help you make the initial decision of whether to file, but we can also guide you through the process of filing for bankruptcy in order to ensure your rights are well-protected. We will do everything that we can to help you avoid some of the most common bankruptcy mistakes.

Our firm has been helping the residents of Bergen, Hudson and Passaic Counties and the surrounding communities for many years. Our legal staff provides you with personal attention and focuses on bankruptcy law, so that you know the attorney helping you is well-versed in all aspects of bankruptcy. We strongly advocate regular face to face appointments until your case is resolved. Your attorney is always available to answer any questions you may have about the current status of your case. 

Bankruptcy law under Chapter 13 provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full.

Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to "establish... uniform laws on the subject of Bankruptcy throughout the United States." States may not regulate bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. A number of sections of Title 11 incorporate the debtor-creditor law of the individual states.

Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. These courts are a part of the District Courts of The United States. The United States Trustees were established by Congress to handle many of the supervisory and administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.

There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy proceedings under Chapters 11, 12, and 13 involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors' interests.

However, a recent decision by the Supreme Court has shifted this power towards the debtor. In Rousey v. Jacoway, (April 4th, 2005), the Court held that assets in Individual Retirement Accounts (IRA's) are protected under 11 U.S.C § 522(d) and thus exempt from withdrawal from the bankruptcy estate. This decision has broad implications for the baby-boomer generation, providing millions of Americans nearing retirement with increased protection of their earnings.

Recent passage of the Bankruptcy Prevention and Consumer Protection Act in April 2005 has also resulted in major reforms in bankrupcy law, outlining revised guidelines governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings. The law also expands the responsibilities of the United States Trustees Program to include supervision of random and targeted audits, certification of entities to provide credit counseling that individuals must receive before filing for bankruptcy, certification of entities that provide financial education to individuals before being discharged from debt, and greater oversight of small business Chapter 11 reorganization cases.