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Bankruptcy

Seasoned Bankruptcy Lawyers Serve Consumers and Businesses in Newark, NJ

Reliable guidance that fits your personal or business circumstances

When mounting debt becomes unmanageable, bankruptcy can provide much-needed relief. At Rothbard, Rothbard, Kohn & Kellar, we have been assisting people with overwhelming debts for 30 years. We analyze your case to determine if bankruptcy will advance your immediate and long-term financial goals. We review your debts, income and expenses, and explain the full effects of bankruptcy on your family, business, homeownership and access to credit. Our attorneys give you the complete information you need to decide if bankruptcy is the right choice for you or your business. Then we guide you through every step of the process with reliable counsel and determined representation. Unlike other debt relief law firms, we understand that bankruptcy is not your only option for getting debt under control. As experienced commercial litigators, we often negotiate with creditors to develop out-of-court solutions that avoid bankruptcy, leaving you with more manageable monthly installments. But, no matter what course of action you choose, our upfront approach to bankruptcy gives you confidence in your financial future.

Your bankruptcy options in Newark and Essex County

The bankruptcy services our firm provides include:

  • Chapter 7 bankruptcyChapter 7 bankruptcy is available to individuals and businesses looking to quickly and simply resolve your debts. Provided you pass the court’s means test, Chapter 7 bankruptcy grants you relief from debts through the liquidation of your assets. Because many household and personal items are exempt, you can make a fresh start with limited disruption to your life.
  • Chapter 11 bankruptcy — For corporations, partnerships and sole proprietorships, Chapter 11 bankruptcy permits your business to continue operating while you pay creditors under a reorganization plan.
  • Chapter 13 bankruptcy — An option for families facing foreclosure or for those with higher incomes, Chapter 13 bankruptcy permits you to pay off debts under a court-ordered installment plan extending three to five years. This option provides numerous advantages, including the possibility of keeping your home.

Bankruptcy is a personal choice, based on a comprehensive understanding of your circumstances and your legal options. Our commitment to client service helps ensure you have the information you need to make an informed decision and the dependable representation you need to get positive results.

Immediate relief through the “automatic stay”

Filing a bankruptcy petition automatically triggers a stay, meaning creditors must immediately stop collection efforts, including letters and phone calls. Violation of the automatic stay can result in sanctions against your creditors. The attorneys at Rothbard, Rothbard, Kohn & Kellar correspond with your creditors from the moment you file for bankruptcy and act entirely on your behalf.

Under certain circumstances, a creditor might challenge your automatic stay with regard to certain items. If, for example, you are still in possession of an asset used as collateral for a secured loan, and you have not been making payments, the creditor could file a motion with the court. Such motions are rare and the burden is on the creditor to show cause why the stay should be lifted. You are entitled to a hearing on the matter, and we provide determined representation on your behalf.

Hiring the right attorney can greatly improve your bankruptcy results

Although businesses filing Chapter 11 must have legal counsel, individuals declaring bankruptcy under Chapter 7 or Chapter 13 can represent themselves. Many individuals are tempted to simply download forms from the Internet and file sua sponte, representing themselves. After all, you’re already in bankruptcy, how much worse can it get? The answer, unfortunately, is very much worse. Every rookie makes rookie mistakes, and mistakes made on your bankruptcy filing could deny you exemptions, which allow you to hold onto assets, or prevent you from getting a discharge on large portions of your debt. In other words, you could go through all the pain of filing bankruptcy, get little of the relief, and wind up digging yourself a deeper financial hole. Rather than let that happen to you, talk to a bankruptcy professional who is determined to give you every advantage under the law.

Contact our distinguished team of bankruptcy professionals in Newark, New Jersey

Rothbard, Rothbard, Kohn & Kellar provides reliable bankruptcy representation for individual consumers and businesses. Our Newark office is conveniently located at 50 Park Place on the 12th Floor, right across the street from Military Park and just one block southwest of the New Jersey Performing Arts Center. Call us at 862-227-8068 or contact us online to schedule an appointment.

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Our Office
  • Newark Office
    50 Park Place
    12th Floor
    Newark, New Jersey 07102
    Phone: 973-622-7713
    Fax: 973-733-9817