A Fresh Start:
Rooted in the Constitution, Guided by Compassion
Bankruptcy isn't failure—it's a constitutional right and a biblical principle. Chapter 7 offers honest people a fresh financial start.
BANKRUPTCY IS YOUR RIGHT
Your Right to Financial Relief: Biblical Wisdom, Constitutional Protection
Bankruptcy isn't something to be ashamed of—it's a right protected by the United States Constitution and a principle found in biblical tradition.
Constitutional Protection:
The Founding Fathers understood that honest people sometimes face overwhelming debt through no fault of their own. That's why they enshrined bankruptcy protection in the U.S. Constitution (Article I, Section 8).
Biblical Foundation:
This concept isn't new. Biblical law established debt forgiveness every seven years (Deuteronomy 15:1-2), recognizing that financial hardship shouldn't be a life sentence.
Today, Chapter 7 bankruptcy offers that same principle: a fresh start and the opportunity to rebuild.
OUR BANKRUPTCY PHILOSOPHY
No Judgment. Just Solutions.
At Flanagan Law, we believe:
- Bankruptcy is not a moral failure—it's a legal tool for financial recovery
- Everyone deserves a second chance
- You shouldn't face judgment for seeking relief
- Honest people deserve honest guidance
We Offer:
- Free consultations for all bankruptcy cases
- Compassionate, judgment-free guidance
- Clear explanations in plain language
- Personalized advice for your situation
- Support throughout the entire process
CHAPTER 7 BANKRUPTCY EXPLAINED
What Is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy, also called "liquidation bankruptcy," allows you to discharge most unsecured debts and get a fresh financial start.
What Gets Eliminated:
✓ Credit card debt
✓ Medical bills
✓ Personal loans
✓ Utility bills
✓ Most unsecured debts
What's Protected:
✓ Your home (in most cases)
✓ Your car (in most cases)
✓ Retirement accounts
✓ Household goods and personal items
✓ Tools of your trade
What Doesn't Get Discharged:
- Student loans (in most cases)
- Child support and alimony
- Most tax debts
- Debts from fraud or willful injury
AM I ELIGIBLE FOR CHAPTER 7?
Do I Qualify for Chapter 7 Bankruptcy?
Most people who need bankruptcy relief qualify for Chapter 7. Eligibility is based on your income, expenses, and debt situation.
You May Qualify If:
- Your income is below the New Jersey median for your household size, OR
- You pass the "means test" showing limited disposable income
- You haven't filed for bankruptcy recently
- You're facing overwhelming debt you can't repay
Not Sure If You Qualify?
That's what our free consultation is for. We'll review your financial situation and advise you on the best path forward—whether that's Chapter 7, another option, or an alternative to bankruptcy.
THE BANKRUPTCY PROCESS
What to Expect When Filing Chapter 7
STEP
1
Free Consultation
We review your financial situation, discuss your options, and determine if Chapter 7 is right for you. This consultation is completely free and confidential.
STEP
2
Credit Counseling
Before filing, you'll complete a required credit counseling course (we'll guide you through this).
STEP
3
Prepare & File Petition
We prepare your bankruptcy petition, schedules, and all required documents, then file them with the bankruptcy court.
STEP
4
Automatic Stay
Once filed, creditors must immediately stop all collection activities—no more calls, letters, or lawsuits.
STEP
5
Meeting of Creditors
About 30 days after filing, you'll attend a brief meeting with the bankruptcy trustee (we'll be with you).
STEP
6
Discharge
Approximately 60-90 days after the meeting, the court issues your discharge, eliminating your qualifying debts.
Timeline:
Most Chapter 7 cases are completed in 3-4 months.
Common Bankruptcy Questions
Will I lose everything if I file for bankruptcy?
No. New Jersey bankruptcy exemptions protect your home (up to certain equity limits), car, retirement accounts, household goods, and personal belongings. Most people keep everything they own.
Will bankruptcy ruin my credit forever?
No. While bankruptcy stays on your credit report for up to 10 years, many people see their credit scores improve within 1-2 years after discharge. By eliminating debt, you're actually in a better position to rebuild credit. Many of our clients qualify for credit cards and car loans within a year of discharge.
Can I file for bankruptcy if I'm working?
Yes. Having a job doesn't disqualify you from bankruptcy. In fact, most people who file Chapter 7 are employed but simply can't keep up with overwhelming debt.
Will my employer find out if I file for bankruptcy?
Generally, no. Bankruptcy filings are public record, but employers don't routinely check. The only exception is if you owe your employer money or if wage garnishment is involved.
Can I keep my car if I file for bankruptcy?
In most cases, yes. New Jersey exemptions protect a certain amount of vehicle equity. If you're making car payments and want to keep the vehicle, you can usually continue making payments and retain the car.
What about my spouse? Do they have to file too?
No. You can file for bankruptcy individually. However, if you have joint debts, creditors can still pursue your spouse for those debts. We'll discuss the best approach for your situation during your consultation.
How much does bankruptcy cost?
Chapter 7 bankruptcy involves court filing fees ($338) plus attorney fees. We offer affordable payment plans and will discuss all costs upfront during your free consultation. Remember: the cost of bankruptcy is often far less than the cost of continuing to struggle with unmanageable debt.
Can I file bankruptcy more than once?
Yes, but there are time limits. You must wait 8 years from a previous Chapter 7 discharge to file Chapter 7 again. We'll review your bankruptcy history during your consultation.
SIGNS YOU NEED BANKRUPTCY RELIEF
When Should You Consider Bankruptcy?
You May Benefit from Bankruptcy If:
- You're only making minimum payments on credit cards
- You're using credit cards to pay for necessities
- You're facing wage garnishment or lawsuits
- You're considering withdrawing retirement funds to pay debt
- You're receiving constant collection calls
- You're losing sleep over financial stress
- Your debt exceeds your annual income
- You have no realistic plan to pay off debt within 5 years
LIFE AFTER BANKRUPTCY
Your Fresh Start Begins Here
Bankruptcy isn't the end—it's a new beginning. Here's what you can expect after your discharge:
Immediate Relief:
- No more collection calls or letters
- No more lawsuits or wage garnishments
- Stress and anxiety were significantly reduced
- Ability to focus on rebuilding
Rebuilding Your Financial Life:
- Create a realistic budget
- Build an emergency fund
- Establish new credit responsibly
- Many clients qualify for secured credit cards immediately
- Car loans are often available within 6-12 months
- Home loans are possible within 2-4 years
Long-Term Benefits:
- Freedom from overwhelming debt
- Improved mental and physical health
- Better relationships (financial stress is a leading cause of divorce)
- Opportunity to save for retirement and future goals
- Peace of mind knowing you have a fresh start
ALTERNATIVES TO BANKRUPTCY
Is Bankruptcy Right for You?
Bankruptcy isn't always the best solution. During your free consultation, we'll discuss all options, including:
Debt Consolidation
Combining multiple debts into one payment with a lower interest rate. It may work if you have a steady income and manageable debt levels.
Debt Settlement
Negotiating with creditors to pay less than you owe. It can be risky and may have tax consequences.
Credit Counseling
Working with a credit counseling agency to create a debt management plan. Requires steady income and creditor cooperation.
Do Nothing
In some cases, if you have no assets and no income, creditors may not be able to collect. We'll assess whether this "judgment proof" status applies to you.
We'll Help You Choose
During your free consultation, we'll review your complete financial situation and recommend the best path forward—even if that's not bankruptcy.
WHY CHOOSE FLANAGAN LAW FOR BANKRUPTCY
Compassionate Guidance Through Difficult Times
What Sets Us Apart:
✓ Free consultations—no obligation, no pressure
✓ Judgment-free environment
✓ Clear explanations in plain language
✓ Personalized attention from Brian Flanagan
✓ Affordable fees with payment plans available
✓ We attend all meetings with you
✓ Serving Southern New Jersey families for 2+ years
TAKE THE FIRST STEP
Your Free Consultation Is Just a Phone Call Away
The hardest part is reaching out. Once you do, you'll feel relief knowing you have options and a path forward.
What Happens During Your Free Consultation:
- We'll review your debts, income, and assets
- Discuss whether Chapter 7 or another option is best
- Explain the process in plain language
- Answer all your questions
- Provide clear cost estimates
- No pressure, no judgment — just honest guidance
You Have Nothing to Lose:
The consultation is completely free. You'll leave with clarity about your options and a plan for moving forward — whether or not it includes bankruptcy.