Passaic County Chapter 7 Bankruptcy Lawyers: Helping You Wipe The Slate Clean

Last updated on May 21, 2026

Living under the weight of serious debt is something that no one wants. Sometimes, it can feel impossible to get through it and move forward. However, you can obtain a fresh start by filing for Chapter 7 bankruptcy.

At Acquaviva Law Offices, LLC, we will take the time to thoroughly examine your circumstances to help you determine if filing for Chapter 7 bankruptcy is right for you. At Acquaviva Law Offices, LLC, our attorneys have over 30 years of combined experience representing clients in Passaic County and throughout New Jersey. You can trust us to provide valuable guidance throughout the bankruptcy process so you can focus on your future.

Why Hire Acquaviva Law Offices, LLC?

Choosing the right law firm matters when dealing with bankruptcy. Filing incorrectly or misunderstanding eligibility rules can lead to delays, dismissed cases or missed opportunities for debt relief. An experienced bankruptcy attorney helps ensure the process is handled properly from start to finish. 

Clients often turn to us because of:

• 30+ Years of bankruptcy experience: We have over 30 years of combined experience helping individuals and families file Chapter 7 bankruptcy and other forms of debt relief. This experience helps identify solutions that fit each client’s financial situation.
• Focused bankruptcy knowledge: Bankruptcy law is complex and frequently updated. We stay informed about federal bankruptcy laws, court procedures and filing requirements to help clients avoid common mistakes.
• Personalized attention for every client: Financial struggles are personal. Our lawyers work closely with clients to review their income, debt and long-term financial goals before recommending a path forward.
• Clear communication and guidance: Bankruptcy paperwork, court filings and creditor interactions can feel confusing. We explain each step of the process so clients understand what to expect.
• Strong community involvement: Attorney Alfred Acquaviva II is a member of the New Jersey State Bar Association and the Passaic County Bar Association. He is also active in community legal education and has worked with the New Jersey State Bar Association High School Mock Trial Committee, serving as Passaic County Chair for more than 14 years.

With experienced legal guidance, you can pursue debt relief with a clear understanding of your options and responsibilities.

Struggling With Debt? How We Can Help.

If debt is overwhelming your household, you need to know your options for getting out of it, including Chapter 7 bankruptcy. As a family-run law firm, we understand what your family means to you. One of our Passaic County Chapter 7 bankruptcy lawyers will work hard to make you feel at ease and in control with honest answers and reliable advice to help you decide whether Chapter 7 bankruptcy is the right choice for your situation.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is one of the most commonly used forms of consumer bankruptcy available under federal law. It is commonly called “liquidation bankruptcy” because it can be used to make most types of debt disappear. In exchange, you likely will have to sell some property to generate funds to settle some of your debts. Filing Chapter 7 will also affect your credit score, but most people find it is a fair tradeoff for eliminating the endless cycle of debt.

Not everyone who is struggling with debt qualifies for Chapter 7 bankruptcy. For the bankruptcy court to approve your filing, you must pass a means test to show that you lack the means to repay what you owe.

Understanding How Chapter 7 Bankruptcy Can Help You Start Over

Filing for Chapter 7 bankruptcy has many benefits that can help you start fresh. One major benefit is that, in the majority of cases, you get to keep your home if you are current on your mortgage payments. If you fall behind on your mortgage, there are still other bankruptcy options to help you keep your home.

Chapter 7 bankruptcy discharges a variety of debts, including:

• Credit card debt
• Medical bills
• Utility bills
• Past due rent
• Repossessed vehicles
• Some personal loans

However, Chapter 7 bankruptcy will not discharge spousal and child support debt, most student loans, and government fines. It will also impact your credit score for up to 10 years.

To qualify for Chapter 7 bankruptcy, you must pass a means test that compares your monthly income with the median monthly income in New Jersey. If the means test finds that your disposable income is too high to qualify, you may still be able to file for Chapter 13 bankruptcy instead.

The Assets You Can Keep

Liquidation bankruptcy means that you may have to sell many assets you own to help pay off a portion of your debt. However, federal and New Jersey bankruptcy law makes exemptions for certain assets, which means you get to keep them. These exemptions can include:

• Your home, or up to $25,150 of equity you have built up in it
• Your car
• Personal property, such as your furniture, appliances and clothing, worth up to $18,000
• Payments, such as child support, spousal support and at least a portion of insurance payments
• Public benefits like Social Security and VA disability benefits

We will help you identify which exemptions you qualify for so that the effects of bankruptcy on your everyday life are minimized.

How Long Does The Chapter 7 Bankruptcy Process Take?

Compared with the Chapter 13 bankruptcy process, which typically takes years to complete, Chapter 7 bankruptcy is relatively quick. For most people, it takes four to six months from filing to discharge. During this time, you and your attorney must file with your local bankruptcy court, gather and provide financial documents like your tax returns, pay stubs and bank account statements, attend a meeting with the trustee assigned to your case and your creditors, and take a financial management course. We can guide you step by step through this process so that you get the most out of it and get the fresh start you need.

Understanding the time that Chapter 7 bankruptcy takes and what you need to do to complete it can help you plan your long-term financial future.

Eligibility For Chapter 7 Bankruptcy

Not everyone automatically qualifies for Chapter 7 bankruptcy. Federal law requires most individuals to pass something called the means test. It evaluates income and financial ability to repay debts.

The means test was created to help ensure that Chapter 7 bankruptcy is reserved for people who genuinely cannot afford to repay their debts. It works by comparing an individual’s income to the median income in their state and examining certain allowed expenses. The Chapter 7 means test goes through several steps:

• Step 1: Compare income to the state median. The court looks at the filer’s average income over the previous six months. If that income falls below the median income for a household of the same size in the state, the individual usually qualifies for Chapter 7 automatically.
• Step 2: Evaluate allowable expenses. If income is higher than the state median, the test moves to a second calculation. Certain living expenses such as housing, food, transportation, taxes and insurance are deducted from the income.
• Step 3: Calculate disposable income. After allowed expenses are deducted, the court examines the remaining disposable income. If the amount is too high, the individual may not qualify for Chapter 7 and may instead need to file Chapter 13 bankruptcy.
• Step 4: Consider special circumstances. Some individuals may still qualify even with higher income due to unusual expenses such as medical costs, job loss or other major financial obligations.

Because the means test involves detailed financial calculations and strict documentation requirements, it is smart to work with a bankruptcy attorney. We can review income records, determine eligibility and help prevent mistakes that might cause a filing to be rejected.

Do You Qualify For Chapter 7 Bankruptcy?

For those considering bankruptcy, it helps to walk through a structured evaluation. The checklist below provides a simple framework you can use to assess your situation and determine your next steps.

• Review your total debt: List all unsecured debts such as credit cards, personal loans and medical bills. If these debts feel impossible to repay within a reasonable time, bankruptcy may be worth evaluating.
• Examine your monthly income: Calculate your average income over the past six months. Compare it to your state’s median income for a household of your size.
• Identify essential monthly expenses: Document regular expenses such as housing, food, utilities, insurance and transportation. These numbers will be used during the means test calculation.
• Determine your remaining disposable income: Subtract necessary expenses from your income. If little or no income remains after expenses, you may qualify for Chapter 7.
• Evaluate your assets: Chapter 7 allows certain property to be protected through bankruptcy exemptions. Reviewing your assets helps determine what property may be protected.
• Consider previous bankruptcy filings: Those who recently filed bankruptcy may face waiting periods before filing again.
• Schedule a consultation with a bankruptcy attorney: Even if the checklist suggests qualification, a lawyer should review the full financial picture before filing.

If you go through this checklist and still feel uncertain, that uncertainty itself is a sign to speak with an attorney. Bankruptcy laws involve strict rules, deadlines and documentation requirements. Attempting to file without proper legal guidance can result in mistakes that delay or jeopardize the case.

A bankruptcy attorney can review financial records, confirm eligibility and explain all available debt relief options. Whether you ultimately file Chapter 7 bankruptcy or pursue another solution, we can help make the process clearer, more efficient and far less stressful.

You Deserve A Fresh Start With A Passaic County Chapter 7 Bankruptcy Attorney

Everyone deserves a fresh start and a chance at a more financially secure future. As your Passaic County Chapter 7 bankruptcy attorneys, our lawyers are dedicated to helping you find the options that give you the new beginning you deserve. To schedule a free initial consultation, call our Hawthorne office at 973-869-5805 or fill out our online contact form. Hablamos español.

Acquaviva Law Offices, LLC, is a debt relief agency. Its attorneys help people file for bankruptcy relief under the Bankruptcy Code.