What Disqualifies You from Filing Bankruptcy? - Daniel Straffi

From Straffi & Straffi Attorneys at Law - What Disqualifies You from Filing Bankruptcy? breaks down the key legal and financial barriers that can prevent individuals from securing debt relief in New Jersey, including failing the means test, prior filings, and allegations of fraud. This episode explores how the United States Bankruptcy Code, the U.S. Department of Justice, and IRS standards shape eligibility for Chapter 7 and Chapter 13, while explaining why income thresholds and allowable expenses play such a critical role in determining qualification.

Featuring insights from Daniel Straffi, Jr., the discussion highlights how residents in Ocean County and Toms River can evaluate their options before filing with the United States Bankruptcy Court for the District of New Jersey, including cases handled through the Trenton vicinage at the Clarkson S. Fisher U.S. Courthouse. The episode also examines how factors like dismissed cases under 11 U.S.C. § 109(g), fraud under 18 U.S.C. § 152, and discharge limits under 11 U.S.C. § 727 can impact a filer’s outcome.

Listeners will gain a deeper understanding of income requirements using updated New Jersey median figures, how the means test works under federal guidelines, and why Chapter 13 may remain available even when Chapter 7 is not. The episode also covers non-dischargeable debts such as domestic support obligations, tax liabilities, and student loans, along with the role of the United States Trustee Program and approved credit counseling requirements in the filing process.

Drawing on Daniel Straffi, Jr.’s background with institutions like Boston College, Rutgers-Camden School of Law, the Honorable Lee Forrester in Mercer County, and professional involvement with the New Jersey State Bar Association and Ocean County Bar Association, this episode also explores alternatives to bankruptcy. From debt management plans supported by the New Jersey Division of Consumer Affairs to settlement strategies and financial education, listeners will come away with a clearer path toward financial stability and informed decision-making.

Straffi & Straffi Attorneys at Law

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