New Jersey Bankruptcy Lawyer

Getting You Debt Relief

Filing for bankruptcy is always a critical decision that has great implications for your future. When mounting debt begins to prove to be too much for you, bankruptcy can provide relief. Charles D. Whelan III will help you decide whether filing for bankruptcy is right for you.

Negotiators of Debt Relief Options

Bankruptcy is not your only option. Charles D. Whelan III, Esq. will counsel you as to the various alternatives available to you given your circumstances.  He works with creditors to develop out-of-court solutions that avoid bankruptcy, such as renegotiation of payment terms and surrender of collateral in exchange for debt forgiveness.

Master of Debt Analysis

Charles D. Whelan III has been assisting people with burdensome debts for more than 30 years. He reviews your situation to determine if bankruptcy will promote your immediate and long-term financial goals. He analyzes your complete financial picture so that he understands your situation and is able to provide you with complete counsel.  If bankruptcy is the right choice, he will explain the entire bankruptcy process and assist you in presenting a complete and accurate picture to the court and trustee.  Having an experienced and concerned advocate on your side is invaluable.

The Automatic Stay

Filing a bankruptcy petition automatically imposes a stay on your creditors, barring them from attempting to levy your bank account or garnish your wages, sending collection letters and making unwanted phone calls.  Once your bankruptcy petition is filed, your creditors are notified and are prohibited from taking any action against you.

Bankruptcy

Our Bankruptcy Options 

Chapter 7 Bankruptcy

If you are looking for a fresh start, Chapter 7 may be the right choice for you.  For individuals  with limited assets and incomes, Chapter 7 bankruptcy will allow you to secure a discharge of your debts while allowing you to retain property protected by a variety of exemptions allowed by the Bankruptcy Code.

Chapter 13 Bankruptcy

If you are facing foreclosure or seek debt relief although your income may be higher, Chapter 13 bankruptcy makes it possible for you to pay your debts under a court-ordered installment plan extending three to five years, under which certain debts may be eligible for reduced payment.  Chapter 13 can also allow you to keep your home and cram down excess mortgage debt.

Assisting Creditors

Bankruptcy laws act to protect individuals in financial distress, with the result that creditors may have their claims wiped out in part or in full.  However, if you are a creditor receiving a bankruptcy notice for someone who owes you money, you should not assume that you have no rights. Charles D. Whelan III, Esq. has been helping creditors assert their rights against debtors in bankruptcy for 30 years.  That may include attendance at hearings and filing of proofs of claim so that your claim is considered by the court, and seeking to have the automatic stay vacated so you can have your tenant evicted, or seize the debtor’s property.  His experience results in sound analysis and advice as to whether the cost of pursuing a debtor is really worth it.   In case of debtor fraud or if the debtor is not entitled to a discharge, he can file an adversary proceeding for you to have the debt owed to you declared to be an exception to the bankruptcy discharge received by the debtor.

What an “Automatic Stay” Means to a Creditor

An automatic stay is an injunction by the bankruptcy court that freezes debt collection action by creditors.  It is possible for a creditor to have the stay vacated or modified by the court.  This requires a careful review of the debtor’s bankruptcy petition to determine your options and plan of attack.  Mr. Whelan’s knowledge of the Bankruptcy Code allows him to serve you as an effective business and legal advisor to ensure that action is timely and productive.

Secured Debt

A loan that is secured by collateral gives the creditor a lien against the debtor’s asset constituting that collateral. Secured creditors have lots of advantages and leverage under the Bankruptcy Code.   If there is ambiguity about whether a debt is secured, Mr. Whelan’s knowledge and experience can maximize your chances of recovery.

Exposing the Dishonest Debtor

A debtor cannot max out his credit cards and then run for cover under the Bankruptcy Code.  Similarly, a debtor cannot conceal or underestimate the value of his assets in his bankruptcy petition.  Bankruptcy fraud is a serious Federal crime.  Mr. Whelan’s expertise as a long time bankruptcy petitioner will assist you in uncovering the truth about a debtor’s finances and presenting that information to the court.  He can help prevent a debtor from getting away with a misrepresentation of his assets and income, and maximize your chances of recovery. That may include an examination of the debtor under oath, and the filing of an adversary proceeding with the court to preclude a discharge of your claim.

Contact an Experienced Bankruptcy Law Firm in New Jersey Today!

For an experienced New Jersey bankruptcy practitioner, call Charles D. Whelan III, Esq. at 732-214-0300 or contact the firm online to schedule your free bankruptcy consultation.

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Testimonials

We selected you because you took time to talk with me at first contact. I believe it was a good 15-20 minute phone conversation involving a mix of business and personal. In fact, you were the only attorney that asked about what it is we wanted. Every other attorney merely quoted a rate for services. As I recall, you did not even mention money until I asked near the end of the conversation. You give attorneys a good name. I only wish the majority of the other attorneys on this planet had your knowledge and demeanor. Satisfied Attorney Client After years of frustration with an incompetent attorney, I had the good fortune of finding Mr. Whelan. His clear and concise communication style led me to hire him after a free consultation and enabled speedy filing of my case. The difficulties of managing a NJ rental property from CA became manageable thanks to his expertise and knowledge about the complex rental laws in NJ. You took time to talk with me at first contact. You were the only attorney that asked about what it is we wanted. Celeste B. I will never forget my attorney's dedication to obtaining a substantial recovery for me under a severe time deadline and with no cooperation from my former lawyer. Also, Mr. Whelan was very accommodating of my limited English throughout the case and my lack of understanding of the American court system. Personal Injury Client Chuck is well versed in business law, real estate law, landlord and tenant law as well as Planning, zoning and land use. Believe me we challenged his patience, creativity and legal knowledge. Chuck's intellect and ability would be enough. However, his integrity is what impresses me as much, if not more. I would highly recommend Chuck for a variety of legal services without hesitation. We are grateful to be associated with Chuck and appreciate his hard work on our behalf. Happy Small Business Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Small Business Client Mr. Whelan provides critical services to our executive management team. He provides a very straight-forward and practical approach to our legal issues. He is timely and extremely reliable. Happy Client An extremely capable and trustworthy attorney with an excellent legal skill set. He delivers the results you want and practices his craft with a clear sense of honor and integrity. I would recommend him unequivocally to any person or business needing legal representation or counsel. Happy Client Mr. Whelan is a great lawyer. His main concern is always the client. In every matter that he has represented me, I have been very happy with the way everything worked out. I know I can trust him to protect my interests and rights. Satisfied Client Mr. Whelan is very professional and honest. He has a tremendous knowledge of all areas of law and is very practical in his approach. He is extremely effective at bringing a swift conclusion to various matters. He is well respected by his peers. I would highly recommend Mr. Whelan for any real estate, litigation, bankruptcy or contract issues. Happy Small Business Client Charles has been nothing but friendly and professional with handling my legal needs. Charles has also handled most of my family’s legal matters and real estate closings. I have known Charles for many years and whenever I have needed good advice, I turn to him. Over the years he has become a true friend that I would recommend his services to anyone. Thanks Chuck for all you have done for me! Satisfied Client I have hired Mr. Whelan for several deals over years. I know he will respond quickly and provide professional guidance through every phase of my real estate deals. He is easy to talk to and will make you feel like you're his top priority client. Satisfied Real Estate Client Charles gave me sincere and professional legal advice and even guidance how to understand the situation for free. His opinion was highly professional with deep understanding for the law. I trust him and recommend him for anyone who need a first class trustfully lawyer. John Soliman Mr. Whelan is the absolute BEST!!! He's super professional, to the point, yet very compassionate. He knows his stuff!! I found him online and he got back to me ASAP and we got the ball rolling with no holdup. I would definitely recommend his services with no hesitation. He's trustworthy and won't waste your time which everyone can appreciate. Give him a call!! Sadiyah Thompson Previous Next

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Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.

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