Chapter 7 Bankruptcy FAQ

Timing is mostly in my client’s hands. If a situation is an emergency, I can file a case immediately. Generally speaking, if a client pays the legal fees in full and there is no emergency, filing is several weeks afterwards and at the client’s direction. We have all of the documents needed to file a well-prepared bankruptcy petition.

I go over the legal fees to file a Chapter 7 at your initial bankruptcy consultation. Every case is different and fact specific. The retainer and legal fees are case specific.

I offer payment plans for every client. A client can do a retainer, and pay me in installments. I offer the ability to make payments with your bank debit card to me online or over the phone if that is convenient. Once a client has retained, I complete a draft of their bankruptcy petition. The bankruptcy petition is the document filed with the bankruptcy court setting forth your assets, liabilities, income, expenses, and financial affairs. Once the client is paid in full, the client comes in to review their draft bankruptcy petition. After the review appointment, I make any necessary changes, send it to the client for their review again, have them sign the petition, and then file it with the bankruptcy court.

Once I file a case, I immediately get a case number. The next day. because it’s electronic notice, we get the date and time of the hearing. Right now, it’s roughly a month from the time the case is filed. It’s federal so it moves pretty quickly. In a Chapter 7, once the case is filed, you’re in bankruptcy for approximately six months. Once a Chapter 7 Bankruptcy is filed, the hearing is about a month afterwards. There is a 90 day waiting period after the hearing. it’s a statutory waiting period. After that, you get your discharge of bankruptcy. Your discharge of bankruptcy means the debt is forgiven, forever.
The answer’s yes, you can keep your tax refund, but I need to have a sense of what it’s going to be.
No! Not if you want to retain the vehicle. If you want to keep your car, you must make your car payments and remain current on them.

If you have a vehicle that you want to surrender in bankruptcy, you certainly can do so, and not be held liable for the balance owed on an auto loan or auto lease.

There’s a more nuanced answer to, “Can I get rid of my auto loan” because in a Chapter 13 bankruptcy, if you have a really high interest rate, 19, 20-some percent, I can propose to reduce that interest rate to something around 3.25-4.25% in a Chapter 13. And, if you have owned the car for over 910 days (the 910 rule) I can propose that you pay back only the clean retail value of the vehicle.

I have a good number of clients who are younger attorneys and professionals who unfortunately, to get through law school or graduate school without family assistance have incurred substantial credit card debt and personal loans. They don’t have problems getting a discharge of bankruptcy. I’ve represented accountants. Accountants don’t have problems getting a discharge of bankruptcy. I’ve represented people in the financial industry, they don’t have problems. The most important thing for anyone contemplating a bankruptcy filing and concerned how filing bankruptcy will affect their employment is to find someone trusted in your industry you can talk to about it. .

Chapter 7 Bankruptcy Attorney

Chapter 7 bankruptcy is a clean slate on your debts. It is a fresh start unburdened by your prior debts.Chapter 7 Bankruptcy Attorney In Chapter 7 bankruptcy, you don’t have to be unemployed or living in a rented room. You can hold down a solid job and have a home, car, and possessions. If you qualify for a Chapter 7 Bankruptcy, you can keep your home, car, and possessions, and not have to pay any money back to creditors.

Chapter 7 Bankruptcy also puts a stop to pending lawsuits. Are you being sued? On debt? For a personal injury action? Breach of a contract? Back commercial rent? A Chapter 7 Bankruptcy can result in the discharge of your personal liability on these actions, and the dismissal of the lawsuits.

Many times a debtor (person filing bankruptcy) can’t maintain the minimum payments on credit cards, medical debts, personal loans, business loans. A Chapter 7 Bankruptcy gets you ta clean slate on their debts. It’s wonderful. You’re keeping what you want to keep. You’re getting rid of what you want to get rid of, and you move forward with that clean slate.

Types of Chapter 7 Clients

Clients who are current on debts

These clients are current on everything, but they know that they can’t sustain making minimal monthly payments forever. Or that it doesn’t make sense to make minimum monthly payments forever but never see a dent in the amount of debt they owe. This type of client can actually qualify for a Chapter 7 bankruptcy. They stop making their payments, we line everything up perfectly, we file that case, they’re good to go.

Clients that are not current

This type of client is not current, and everything is in collections. It’s gone from the original creditor to a collection agency. They’re getting calls, their phone never stops ringing. Their mailbox overflows everyday with demands for payments, solicitations to help them get out of debt. Once someone becomes my client, I send what’s called a Notice of Representation of Consumer Debtor out to every creditor that they want me to notify. In plain English it says, “Don’t bother my client ever again or you’re subject to violations of the Telephone Collections Practice Act, the Fair Debt Collection Practices Act”.

That will restore some normalcy because even before the bankruptcy case has been filed, all the harassment stops. No more creditor calls, no more creditor mailings. The creditor mail goes to my office. That’s important. It gives us time to get their case together and file it Those people are a little further down the line.

Clients being sued

Some clients come in because they just got sued. “Oh my God, I’m being sued by Capital One for $18,000 and I all I want to do is deal with this. I need help!”

They come in and they’re being sued and they’re terrified. The lawsuit says you have 35 days to respond.

Then, during the initial consultation in my office, I’ll take a look at the bigger picture. We can stop the Capital One lawsuit, but there can be other financial issues that can be helped in the bankruptcy. For example, in addition to the Capital One lawsuit, the client has $80,000.00 in revolving credit card debt, wife has $50,000.00 in credit card debt that is delinquent.

Clients post-lawsuit

These clients come in having already received a judgement. Either they get a notice of wage execution, their wages are going to be garnished, they come in because suddenly they have no money in their bank account because they had a bank levy, and/or they didn’t answer the information subpoena saying, “Where do you have all your assets?” So the, sheriff finds their money, where they work. It’s not hard, the sheriff subpoenas every major and smaller bank in your area.

Suddenly you go to pay your rent or mortgage, put gas in the car and buy some groceries, and you have no money.

Clients past the point of lawsuits and judgements

These clients are past the point where there’s a lawsuit, so they have a lot of old debts. We’re going to clean it up. These may be personal debts, they may be judgments for unpaid business debts.

Nationwide statistics indicate that people file Chapter 7 primarily because of medical debt. In my experience, I peel back the layers on medical debt and look at my clients entire financial picture and situation, often times it’s just several thousand dollars of medical debt and not collectable pursuant to a statute of limitations. Certainly, I have clients who have tremendous medical debt or have some sort of catastrophic illness and insurance didn’t cover 300 medical bills. That’s fine, that’s another scenario for a Chapter 7.

With any case, the first step after representation is that I want to stop the collection calls, creditor harassment, and creditor correspondence. Keep in mind that just by sending those Notices of Representation, they do not stop pending lawsuits. Lawsuits continue until a bankruptcy case is filed. Once the bankruptcy case is filed, the automatic stay (stop to collection efforts, lawsuits) is put in place and everything is officially put on hold.


Great experience!

Johnathan has been supportive, attentive, and available. Of course, he is also super knowledge and trustworthy. He made me feel really good about the difficult decisions.

I would highly recommend Jonathan.


Best Damn Lawyer in Monmouth County

Whenever I need advice Johnathan takes the time to reply to emails or phone calls. He’s very knowledgeable about the law, patient and professional.


Excellent Lawyer.

Jonathan Goldsmith Cohen, is an excellent lawyer in the laws of bankruptcy, made the process much simpler, by helping in every step of the process, and answering all of my questions.. He helped me with difficulty bankruptcy, and I highly recommend.



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