Legal first aid
Bankruptcy and debt
Plain-language first steps for New Jersey, New York and Washington, DC. In immediate danger? Call 911.
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- Bankruptcy and debt (31)
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- Divorce and separation (26)
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- Real estate and housing (26)
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Situations in this topic
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Bankruptcy and debt: where to start in NJ, NY and DC
Bankruptcy is a federal court process. It can address overwhelming debt, but is not a guaranteed way to keep every asset or erase every obligation. Chapter 7 can involve liquidation…
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A collector says I owe money I do not recognize
Verify the collector and request the required debt information before paying an unfamiliar demand.
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Collectors keep calling or threatening me
Covered collectors must follow federal collection rules; additional local protections may apply.
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I received a debt-collection lawsuit
Respond through the court process by the applicable deadline, even if you already disputed the debt with the collector.
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There is already a judgment against me
Obtain the court record and investigate available relief promptly.
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My wages are being garnished
Identify the creditor, order, and type of debt; exemptions and limits differ.
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My bank account was frozen
Act quickly to identify the order and whether protected funds or exemptions are involved.
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I am behind on the mortgage
Contact the servicer and a HUD-approved housing counselor promptly while separately tracking any court deadlines.
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A foreclosure sale or repossession is imminent
Obtain urgent legal review using the actual event date and case documents.
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Will bankruptcy let me keep my car?
It depends on equity, exemptions, loan status, the chapter, and how the secured debt is handled.
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Will bankruptcy let me keep my home?
Home protection depends on exemptions, equity, liens, arrears, chapter, and feasible payments.
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Should I consider Chapter 7 or Chapter 13?
Chapter choice depends on income, assets, debts, goals, and eligibility, not just which seems faster.
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I earn too much; does that rule out bankruptcy?
Income is important but does not provide a universal yes/no answer.
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I moved between NJ, NY and DC
Recent moves can affect both where you file and which exemptions apply, using different legal tests.
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What does the automatic stay actually stop?
Filing can pause many collection actions, but the stay has exceptions and can be limited or lifted.
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What property must I disclose?
Provide a complete, truthful disclosure; an asset can matter even if it is uncertain, jointly owned, or not cash.
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Can I give assets to family or repay relatives before filing?
Get advice before transferring property or making unusual payments.
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Can student loans be discharged?
Some student debt requires a separate dischargeability proceeding and a legal showing; it is not automatically erased or universally impossible to discharge.
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Medical bills are overwhelming me
Check billing accuracy and available financial assistance while evaluating the broader debt picture.
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Can bankruptcy erase taxes, support or fines?
Some obligations are excepted from discharge; tax treatment and other exceptions require detailed review.
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Will my spouse or cosigner be protected?
One person’s filing or discharge does not automatically eliminate another person’s liability.
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I filed before; can I file again?
Filing eligibility, discharge eligibility, and automatic-stay protection are separate questions.
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Which counseling and education courses are required?
Prefiling credit counseling and postfiling debtor education are separate requirements, with limited exceptions.
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Can I file without a lawyer or pay in installments?
Individuals may have self-representation options, but bankruptcy has substantial legal and procedural consequences.
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I received notice of a trustee meeting
Follow the notice and trustee’s lawful instructions; this is a required part of many cases.
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A creditor is collecting after my discharge
Determine whether the debt was discharged and whether the contact concerns personal liability or a surviving lien.
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Someone offers to erase debt or repair credit for a fee
Verify the provider and understand costs and risks before paying or stopping creditor payments.
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The debt came from identity theft
Use identity-theft reporting and dispute processes, and separately address any lawsuit.
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My small business has debt
Business structure and personal guarantees determine which debts and assets need review.
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Divorce and bankruptcy may happen at the same time
Coordinate both cases before dividing assets, assigning debts, or filing.
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I am considering withdrawing retirement savings to pay debt
Get advice before using potentially protected retirement funds for unsecured debt.
