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Chapter 13 Bankruptcy New Jersey: Cost, Payments, and How It Works

The information provided in this article does not, and is not intended to, constitute legal or financial advice; instead, all information, content, and materials available in this article are for general informational purposes only. 

If you're researching Chapter 13 bankruptcy in New Jersey, you're likely trying to figure out:

  • What your monthly payment could look like
  • Whether you qualify based on Federal debt limitations
  • How much it will cost over time

This guide breaks down how Chapter 13 works in New Jersey, including how payments are calculated, what you can expect to pay, and how state-specific rules may impact your case.

Chapter 7 vs Chapter 13 Bankruptcy in New Jersey

There are many differences between a Chapter 7 vs Chapter 13 bankruptcy

Chapter 7 allows you to eliminate qualifying unsecured debts through a bankruptcy discharge, but you must pass an income-based means test. If your income is too high, you may not qualify.

Chapter 13, on the other hand, is designed for individuals who have steady income but need to restructure their debt. Instead of eliminating everything, you enter a 3 to 5 year repayment plan based on a combination of factors, including your household income and expenses, Federal guidelines, and any unprotected excess equity you may have in real or personal property.

In New Jersey, Chapter 13 is commonly used to:

  • Stop foreclosure and catch up on missed mortgage payments
  • Prevent wage garnishment and collections
  • Protect assets that are not fully covered by exemptions

Attorney Insight: New Jersey Only Specifics

New Jersey has one of the highest per-capita gross median household incomes in the nation.  However, New Jersey’s State Bankruptcy exemptions are clearly not aligned with this fact.  Because New Jersey state bankruptcy exemptions are so unfriendly, particularly to wage earners, savers, and homeowners, bankruptcy attorneys will almost always use the federal exemptions instead. In fact, as you'll see more fully below, New Jersey does not have any protection for a bankruptcy file or homestead or their interest in the equity in their home at all. 

Filing a Chapter 13 case in New Jersey carries significant complexities.  In fact, of the approximately 1584 Chapter 13 cases that were filed in New Jersey last year, one hundred and thirty-two of them were filed without the assistance of a bankruptcy attorney. Of those 132 cases, not one was successfully brought to confirmation. It's a daunting and difficult process that you should not go through without the assistance of an experienced bankruptcy attorney, especially in New Jersey.

Another interesting statistical fact about filing for Chapter 13 bankruptcy in New Jersey is that people often think they are going to be able to maintain their existing household budget and expenses without having to make significant adjustments. For perspective, the average Chapter 13 plan payment in New Jersey is $900 a month. This often happens because Chapter 13 filers in New Jersey are forced into a Chapter 13 instead of a Chapter 7 due to the lack of a homestead exemption. Therefore, you're in a Chapter 13 to protect the equity in your home, and that is exactly what often drives up the monthly plan payment.

It's an extremely complex and nuanced process, and hiring an experienced bankruptcy attorney will be essential to navigating it successfully.

New Jersey Income Limits and Means Test

To file Chapter 13 in New Jersey, you must complete the bankruptcy means test.

This determines:

Calculating Average Monthly Income (AMI)

Your average monthly income is based on the last 6 months of income before filing.

Here’s how it works:

  • Add all income from the past 6 months
  • Divide by 6
  • That’s your monthly average

Then:

  • Multiply by 12 to get your annualized income
  • Compare it to New Jersey median income levels
Why this matters in New Jersey

Your income is a determining factor in how long your plan lasts:

  • Below median → typically a 3-year (36-month) plan
  • Above median → usually a 5-year (60-month) plan

Because New Jersey has a higher cost of living and higher median incomes, many filers fall into 5-year plans, which can increase total repayment but lower monthly pressure.

The median income numbers are set by the United States Trustee (UST) and updated regularly.

The current figures apply to cases filed on or after April 1, 2026.

# of PeopleAnnual Income
1$87,173
2$106,876
3$137,136
4$168,127
5$179,227
6$190,327
7$201,427
8$212,527
9$223,627

How Chapter 13 Payments Are Calculated in New Jersey

Your monthly payment is based on a combination of:

  • Disposable income → what’s left after necessary expenses
  • Assets → especially non-exempt equity
  • Debts → secured, priority, and unsecured
  • Recent financial transactions

In New Jersey, this often includes:

  • Mortgage arrears included in your repayment plan
  • Car loans brought current through the plan
  • Credit card and medical debt receiving partial repayment
  • Tax debt

New Jersey Chapter 13 Payment Calculator

Once you understand how payments are calculated, you can estimate your plan:

Estimate in 2–10 minutes:

  • Monthly payment
  • Total cost over 3–5 years
  • Comparison to Chapter 7 and alternatives
  • New Jersey-specific rules and exemptions
The calculator will also include how much estimated the Chapter 13 lawyer fees will cost you.

How Much Does Chapter 13 Cost in New Jersey?

Here’s a typical cost breakdown:

  • Attorney fees: ~$4,500 – $7,500 (often included in your plan)
  • Filing fee: $313
  • Trustee fee: 10% of your monthly payment
  • Courses + misc: ~$50 – $200
→ Most people do not pay everything upfront, costs are often rolled into your monthly payment.

Calculating Disposable Income for a Chapter 13 Plan

There is a second part of the Means Test that calculates your disposable income. In most cases, all disposable income must be contributed to a Chapter 13 plan to repay your unsecured creditors. Unsecured creditors typically receive a small percentage of the money owed to them through a Chapter 13 plan. The remaining unpaid balance of most unsecured debts are forgiven or discharged upon the successful completion of your plan. 

However, only certain living expenses may be deducted from your average monthly income. Although most required payroll deductions are included in the allowable expenses. The United States Trustee’s Office publishes a list of the living expenses that are allowable based on the size of your household. It’s important to note, these expenses are restricted to a maximum amount. For example, these expenses include food, clothing, household supplies, and out-of-pocket health care expenses. 

If your expenses exceed the maximum amount or you have special expenses, you need to request approval of those expenses and provide proof of the expenses to the court.

Filing for Chapter 13 Bankruptcy New Jersey Process

The process to file Chapter 13 bankruptcy is similar across the state. So, a Chapter 13 bankruptcy in Newark may be similar to Trenton or Camden. However, each vicinage (or district) had a different "standing Chapter 13 trustee" that conducts their cases in a manner unique to their office, and knowing the differences in each Standing Trustee's practices is critical to successfully completing your Chapter 13 case.

In this article, we will cover the decision to file Chapter 13 bankruptcy, locating a Chapter 13 bankruptcy attorney, credit counseling and debtor education course requirements, completing your bankruptcy forms, and filing your Chapter 13 bankruptcy petition.

1) Deciding if a Chapter 13 Bankruptcy is Right for You

Chapter 13 is a reorganization bankruptcy. Debtors who file Chapter 13 bankruptcy can afford to repay some of their debts. The amount of your debt that you must repay depends on several factors, including but not limited to:

  • Your disposable income (the money you can afford to pay toward debts each month)
  • The amount and types of debts you owe
  • Whether bankruptcy exemptions protect all of the equity in your assets
  • The length of your bankruptcy plan 
  • Recent financial transactions
There could be other factors that impact the amount of a Chapter 13 bankruptcy plan.

If you cannot pay your debts and you do not meet the income qualifications for a Chapter 7 bankruptcy case, a Chapter 13 bankruptcy case might be right for you.

2) Locating a Chapter 13 Bankruptcy Attorney

Even though you are not required to hire a bankruptcy lawyer, filing Chapter 13 bankruptcy without a lawyer is not recommended. Chapter 13 bankruptcy cases are very complex. Calculating a Chapter 13 plan requires a great deal of experience and knowledge. Someone who does not understand Chapter 13 bankruptcy law could pay much more than is necessary to get out of debt.

Also, the court expects you to understand and know the law that applies in your case if you represent yourself. The court will not explain bankruptcy law to you, and it will hold you accountable for the errors you make in your case. Therefore, it is best to have an experienced Chapter 13 bankruptcy lawyer handle your case. 

In fact, in a recent webinar for New Jersey Bankruptcy Attorneys, the Standing Chapter 13 Trustee for the Camden vicinage, Andrew B. Finberg, shared that of the ~132 pro se (meaning without the assistance of an attorney) New Jersey Chapter 13 cases filed in 2025, not one of them was able to successfully confirm their Chapter 13 plan.

What are the benefits of hiring a Chapter 13 bankruptcy attorney in New Jersey?

  • A trusted legal advocate who understands bankruptcy laws
  • Reminds you of deadlines and hearings in your case
  • Determines if you should file under Chapter 13 or Chapter 7
  • Calculates the lowest Chapter 13 plan payment allowed by law
  • Maximizes asset protection so you can keep all your property, including your home and vehicle
  • Completes and files all required bankruptcy forms
  • Guides you through the process by explaining each step and providing support at hearings
  • Protects you from aggressive creditors who might want more money than they are entitled to receive

Having a Chapter 13 bankruptcy attorney handle your case means you have someone on your side who can help you avoid mistakes and errors that could hurt your case.

3) Credit Counseling and Debtor Education Courses

As part of your Chapter 13 case in New Jersey, it is a requirement to complete two bankruptcy courses. The bankruptcy courses are available online from approved companies for a small fee. Moreover, the courses typically take between 90 minutes and two hours to complete. 

Here are the approved providers in New Jersey:

Accordingly, it’s a good idea to check to make sure you are using the most recent list of approved providers.

The Credit Counseling Course needs to be complete before you file a Chapter 13 bankruptcy. Also, you need to complete the Debtor Education Course after filing the Chapter 13 bankruptcy petition. It is a good idea to complete the second bankruptcy course as soon as possible after filing the Chapter 13 case so that you do not forget about the course and lose your bankruptcy discharge.

4) Completing Your Bankruptcy Forms

A typical Chapter 13 bankruptcy package is typically at least 60 pages and could be 100 or more pages. When you file Chapter 13, you must complete the approved bankruptcy forms and any local bankruptcy forms required by the bankruptcy court. Your bankruptcy lawyer completes the forms and reviews each form with you to ensure accuracy and completeness before the attorney files the forms with the court. 

The forms for a New Jersey Chapter 13 case includes information about your:

  • Real estate
  • Personal property 
  • Bankruptcy exemptions
  • Debts
  • Income 
  • Expenses
  • Co-debtors 
  • Leases and Executory Contracts

The Statement of Financial Affairs is a form with almost two dozen questions about your recent historical financial transactions. It includes income for the past two years, recent payments to certain creditors and insiders, a list of lawsuits, gifts, contributions, leases, transfers, and other information. Your bankruptcy attorney assists you in gathering information and completing your bankruptcy forms.

5) Filing Chapter 13 Bankruptcy and Attending Court

Your bankruptcy lawyer files your bankruptcy forms and obtains a case number. The bankruptcy court schedules a First Meeting of Creditors pursuant to 11 USC 341(a) (often referred to as the “341 Meeting”) and a Confirmation Hearing. In most cases, the debtor (the person filing for bankruptcy relief) is only required to attend the 341 Meeting. Your bankruptcy Attorney will prepare you for the 341 Meeting, and appear with you, and will attend the Confirmation hearing on your behalf.

Once your Chapter 13 bankruptcy plan is confirmed, you continue to pay your Chapter 13 bankruptcy payments until your case is complete. If you have any problems or questions, you contact your Chapter 13 bankruptcy attorney immediately. Your attorney is there to direct and guide you so that you can complete your bankruptcy plan to get a fresh start, free from the debts that are weighing you down and preventing you from achieving your financial goals.

Federal and New Jersey Bankruptcy Exemptions

New Jersey bankruptcy exemptions protect the net equity in the property from repaying your debts. In a Chapter 13 case, non-exempt equity increases the amount of money you must pay each month to your unsecured creditors. Therefore, it is important to claim all allowable bankruptcy exemptions. 

Net equity is calculated by subtracting a valid lien (i.e. mortgage, title loan, etc.), an estimated cost of sale, and the allowable bankruptcy exemption from the fair market value of an asset. If the result is zero or negative, the asset does not impact your Chapter 13 plan payment.

This exemptions list appears to outline most New Jersey bankruptcy exemptions. The specific amounts used for New Jersey bankruptcy exemptions are revised periodically. As a result, you must use the most current information available here. See some of the most common New Jersey bankruptcy exemptions below.

Homestead Exemption

The homestead exemption is often impacted by whether you are married. 

New Jersey specific homestead bankruptcy exemption text: “Survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse” (Source)

Automobile Exemption

The automobile bankruptcy exemption in New Jersey is $0.

Jewelry Exemption

The jewelry bankruptcy exemption in New Jersey is $0.

Tools of Trade Exemption

The tools of the trade bankruptcy exemption in New Jersey is $0.

Wildcard Exemption

The wildcard bankruptcy exemption in New Jersey is $0.

Personal Property Exemption

The personal property bankruptcy exemption in New Jersey is $1,000.

Special Exemption Handling for New Jersey

Below is specific special handling of bankruptcy exemptions in New Jersey.

Other Common Bankruptcy Exemptions

Here are other common exemptions. There may be limits to the amount of the bankruptcy exemption, so please be sure to check each one individually.

Again, bankruptcy exemptions in New Jersey change from time to time, so please check the current list for updates or find the government statutes. 

Federal Bankruptcy Exemptions

Federal bankruptcy exemptions are located in the Bankruptcy Code under 11 U.S.C. §562. You can also view a list of the federal bankruptcy exemptions published by NCLC. The amounts of the bankruptcy exemptions periodically change.

However, the Bankruptcy Code permits states to “opt out” of using federal bankruptcy exemptions. Most states choose to enact state-specific bankruptcy exemptions. Some states require debtors to use state-specific exemptions, while other states allow debtors to choose between federal and state bankruptcy exemptions. 

New Jersey is a state that allows you to use federal bankruptcy exemptions. If not allowed, with very few exceptions, you must use New Jersey bankruptcy exemptions if you have resided in New Jersey for at least 730 days before filing a Chapter 13 bankruptcy in New Jersey. If you have not resided in New Jersey for at least 730 days, you must follow the rules of the state you resided in for the greater portion of 180 days before the 730 day period. 

Some New Jersey exemptions may not be not as generous as federal bankruptcy exemptions or other state bankruptcy exemptions. If you are considering a move to New Jersey soon or recently moved to New Jersey, you may want to contact a bankruptcy lawyer to discuss the exemption laws that apply in your case.

If you are a New Jersey resident and choose to file for Bankruptcy protection and relief in New Jersey, your Bankruptcy Attorney will almost always elect to use the Federal Exemptions, as they are much more generous than the New Jersey State exemptions. 

New Jersey Bankruptcy Courts and Trustees

The Chapter 13 bankruptcy process in New Jersey is similar for all Chapter 13 cases in the state. The District of New Jersey Bankruptcy Court has three vicinages (or locations of three courthouses), and the vicinage that covers the town or county you live in determines where you file your bankruptcy case. See the New Jersey bankruptcy district(s) below.

Bankruptcy Courts and Vicinages 

District of New Jersey

  • Camden Vicinage
    4th & Cooper Streets
    Camden, NJ 08101
  • Newark Vicinage
    50 Walnut Street
    Newark, NJ 07102
  • Trenton Vicinage
    402 East State Street
    Trenton, NJ 08608

In either case, the Chapter 13 bankruptcy process in New Jersey is the same. You need to begin by deciding whether Chapter 13 is right for you, locate a Chapter 13 bankruptcy attorney, complete the bankruptcy forms, complete your pre-petition Credit Counseling and post-petition Debtor Education courses, and attend your 341 Meeting of Creditors.

Let’s discuss the Chapter 13 bankruptcy process in New Jersey in more detail.

Chapter 13 Trustees 

A Chapter 13 bankruptcy trustee administers each Chapter 13 bankruptcy case. Although, you do not have a choice of your Chapter 13 trustee. You can find the current list of the current Chapter 13 bankruptcy trustees on the UST’s website or below:

NamePhone
Andrew B. Finberg(856) 663-5002
Marie-Ann Greenberg(973) 227-2840
Albert Russo(609) 587-6888

New Jersey Chapter 13 Bankruptcy FAQs

Some common questions that people ask about the Chapter 13 filing process in New Jersey include:

What are the benefits of filing Chapter 13?

The benefits of the Chapter 13 filing process in New Jersey include:

  • Stop foreclosure in New Jersey to keep your home by catching up with past-due mortgage payments over three to five years
  • Stop New Jersey wage garnishments, seizures, levies, and debt collection lawsuits
  • End creditor harassment
  • Prevent repossession and keep your vehicle
  • You may be able to discharge a second mortgage through Chapter 13
  • You may be able to pay less than you owe to satisfy the secured lien on your vehicle 
  • Catch up past-due child support and alimony
  • Get rid of unsecured debts for pennies on the dollar
  • Resolve tax debts and IRS problems
  • Protect property from being sold to pay debts
  • Stop paying exorbitant interest and fees on your credit cards and personal loans.

Another benefit of the Chapter 13 process in New Jersey is getting rid of the stress and anxiety of dealing with debt problems. Financial problems can cause an enormous amount of stress, which can cause severe health problems. The Chapter 13 bankruptcy process in New Jersey allows you to take control of your debts and finances to relieve stress and anxiety. 

How much does a Chapter 13 bankruptcy cost?

There are several costs of filing Chapter 13 in New Jersey. Chapter 13 bankruptcy costs in New Jersey include bankruptcy attorney fees, the trustee fees, filing fee, bankruptcy courses and miscellaneous costs.

1) Bankruptcy Attorney Fees

The bankruptcy attorney fees for a Chapter 13 case are higher than the fees charged for a Chapter 7 case because there is much more work for the attorney to perform in a Chapter 13 bankruptcy case. However, you do not need to pay all the fees upfront. Bankruptcy attorneys generally include all or most of the Chapter 13 bankruptcy fees in the Chapter 13 plan. 

Chapter 13 bankruptcy lawyers can itemize their fees, but most charge a flat fee for Chapter 13 cases. The New Jersey Bankruptcy Courts limit the flat fee amounts, which are increased periodically to reflect inflation. These are called no look fees.

A presumptively reasonable Chapter 13 bankruptcy attorney fee in New Jersey is $4,750.

If you are interested in filing Chapter 13, you can use our Bankruptcy Attorney Fee Estimator to obtain an estimate of the attorneys’ fees for Chapter 13 in your area. You also receive a list of Chapter 13 bankruptcy attorneys near you. Ascend can help you contact the attorneys to arrange a free consultation to discuss filing Chapter 13 in New Jersey in more detail.

2) Chapter 13 Bankruptcy Trustee Fees

One of the highest costs in a Chapter 13 bankruptcy in New Jersey is the Chapter 13 bankruptcy trustee fees. A Chapter 13 bankruptcy is often a 3 or 5-year plan. So, there are many administrative tasks for the Chapter 13 bankruptcy trustee.

Here’s the breakdown of New Jersey Chapter 13 bankruptcy trustee fees: is a flat 10% of the total amount paid into your plan. Just as a reference, this can result in thousands of dollars in trustee fees. Our Chapter 13 calculator helps estimate what that fee would be.

3) Filing Fee to the Bankruptcy Court

The bankruptcy filing fee for a Chapter 13 case is $313. The fee is paid to the bankruptcy court. The fee is the same whether you file an individual case or a joint bankruptcy filing with your spouse. 

4) Bankruptcy Courses

There are two bankruptcy courses that you must complete as part of Chapter 13. The first bankruptcy course, the Credit Counseling Course, must be completed before you file your Chapter 13 bankruptcy petition. You can shop around to find a credit counseling agency in New Jersey that offers the course for the lowest price. Most agencies charge $15 to $50 for the course.

The second bankruptcy course, the Debtor Education Course, must be completed after you file your Chapter 13. Many of the credit counseling agencies offer both bankruptcy courses. Some agencies offer discounts for taking both courses through the agency. The Debtor Education Course in New Jersey can be as low as $10 through some agencies. 

5) Miscellaneous Costs

If you choose to file Chapter 13 without an attorney, you will have miscellaneous fees. You may need to pay for credit reports to verify you have listed all creditors on your bankruptcy forms. You are also responsible for the postage for mailing bankruptcy notices and other required forms to creditors and other parties in interest. Throughout your bankruptcy case, you will be required to mail notices or other information to your creditors and parties in interest. 

How often can you file Chapter 13?

Some people go through several periods of financial difficulty during their lifetime. A person could need help from the bankruptcy system more than once. For that reason, bankruptcy cases are not limited to one case per person. You can file bankruptcy again if you need debt relief.

There are no restrictions on the number of bankruptcy cases a person may file. However, there are mandatory waiting times for obtaining a bankruptcy discharge. The bankruptcy discharge is the legal order that forgives your debt.

Many people choose to file a Chapter 13 in New Jersey with 100% repayment plan. Even though these people do not receive forgiveness of their debts, they save a lot of money because during the Chapter 13 case, most creditors are not permitted to charge interest in fees. In addition, the Chapter 13 case provides peace of mind, one fixed monthly payment, and time; all while you are under the protection of the Court, so none of your creditors can file complaints, obtain judgments, proceed with foreclosures, levies, liens, or garnishments.

If you need to file another bankruptcy case, it is crucial to know the waiting periods for receiving a bankruptcy discharge. The time limits are based on the filing dates of the bankruptcy cases:

Four Years — You must wait four years after filing a Chapter 7 case in which you received a discharge to file a Chapter 13 bankruptcy.
Two Years — You must wait two years after filing a Chapter 13 case in which you received a discharge to file another Chapter 13 bankruptcy.

It is usually best to talk to a bankruptcy lawyer before filing Chapter 13 again. You want to ensure that there are no specific situations that apply in your case that could interfere with obtaining another Chapter 13 bankruptcy discharge. Also, there could be another debt relief option that would work in your situation that could help you avoid another Chapter 13 bankruptcy in New Jersey.

Bankruptcy Alternatives

However, a Chapter 13 bankruptcy in New Jersey may not be right for everyone. You may have another solution to your debt problem that works better for your situation. There are 11 common bankruptcy alternatives, but we will cover 2 of the most popular. Ascend’s goal is to help you explore various debt relief options to help you find a solution to your debt problems that work for you.

Debt Settlement:

New Jersey debt relief is a common alternative to Chapter 13 bankruptcy. Debt settlement is where a debt negotiation firm or you would negotiate delinquent debt for less than is owed. For example, a debt negotiation firm may negotiate a $10,000 debt to $5,000 and then charge a fee. In certain situations, debt settlement can be less expensive and get you out of debt faster. That said, there are pros and cons of debt settlement that you may wish to consider. 

Our Debt Settlement Guide and our article entitled “Debt Management vs. Debt Settlement” provide valuable information about non-bankruptcy alternatives for getting out of debt. 

Debt management

Debt management (also known as credit counseling) is another common alternative to Chapter 13 bankruptcy. In debt management, a credit counseling agency would negotiate the interest rate with your creditors. For example, a credit counseling agency may negotiate your credit card interest rate from 23% to 9%. Debt management is often best with high-interest credit cards. You may save less in a debt management program than a debt settlement program because interest rate reduction may not save as much as debt amount reduction.

Before you make any decisions regarding debt relief, make sure you have all the facts.

Should I Pursue A Chapter 13 Bankruptcy Case in New Jersey?

In short, deciding to file a Chapter 13 bankruptcy case in New Jersey can be overwhelming. Before you file bankruptcy, you may want to estimate your Chapter 13 plan payment that you can compare against your current monthly debt obligations. You can compare that plan payment estimate to your Chapter 13 bankruptcy alternatives below.

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