To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.
Hillcrest (07502) Jefferson Township (07438) Jefferson Twp (07438) Little Falls (07424)
Midvale (07465) Mountain View (07470) North Haledon (07508) North Haledon (07538)
Oak Ridge (07438) Pompton Lakes (07442) Preakness (07470) Prospect Park (07508)
Prospect Pk (07508) Ringwood (07456) Shady Lake (07480) Totowa (07502) Totowa (07511) Totowa Boro (07512) Upper Greenwood Lake (07421) W Paterson (07424) Wanaque (07465)
Wayne (07470) Wayne (07474) West Milford (07480) West Milford Lakes (07480) West Paterson (07424) Woodland Park (07424) Allendale (07401) Alpine (07620) Bergenfield (07621) Bogota (07603)
Carlstadt (07072) Cliff Park (07010) Cliffside Park (07010) Cliffside Pk (07010)
Hillsdale (07642) Hillsdale (07676) Ho Ho Kus (07423) Leonia (07605) Little Ferry (07643)
Lodi (07644) Lyndhurst (07071) Mahwah (07430) Mahwah (07495) Maywood (07607) Midland Park (07432) Midland Pk (07432) Montvale (07645) Moonachie (07074) Morsemere (07657) N Arlington (07031) N Milford (07646)
New Milford (07646) (07699) North Arlington (07031) Palisades Park (07650) Palisades Pk (07650) Paramus (07652) Paramus (07653) Park Ridge (07656) Radburn (07410) Ramsey (07446) Ridgefield (07657)
Ridgefield Park (07660) Ridgefield Pk (07660) Ridgewood River Edge (07661)Rochelle Park (07662) Rockleigh (07647) Rutherford (07070) S Hackensack (07606) Saddle Brook (07663) Saddle River (07458)
Arlington (07032) Bayonne (07002)Bergenline (07087) East Newark (07029) Guttenberg (07093) Harrison (07029) Hoboken (07030) Jersey City (07097) Kearny (07032) North Bergen (07047)
Union City (07087) Washington Street (07030) Weehawken (07087) West Arlington (07032)
West New York (07093) Woodcliff (07047) Montclair (07043) N Caldwell (07006) Newark (07106) Newark (07107) Newark (07108) Newark (07114) Newark (07175) Bloomfield Belleville Irvington (07111)
The bankruptcy process will begin with determining whether you qualify. You must have completed a certified credit counseling briefing within the past 180 days. If you have previously filed or attempted to file for bankruptcy in the past, you must wait a certain amount of time before filing another petition.
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