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Bankruptcy & Spouses

Bankruptcy Lawyer Serving Hackensack and Teaneck, NJ

The Bankruptcy Code allows for joint filing for married couples. In order to file joint bankruptcy, the debtors must be married. Those that are not legally married will not qualify to file a joint bankruptcy petition. Although in most cases, joint-filing is advised, for some it is not the best course of action. In many cases, a filing by only one spouse makes sense if a large portion of the debt owed is under the name of only one spouse, and the other spouse has a good credit score with the three (3) National Credit Reporting Agencies, Equifax, Experian and TransUnion. This can occur in a marriage when one person entering the marriage comes in with huge debts.

In the states of New Jersey and New York, married couples are not required to file bankruptcy jointly. One spouse can file bankruptcy and the other spouse's credit rating would not be affected and would not otherwise be involved in the bankruptcy at all. The non-filing spouse often benefits from the Bankruptcy filing of their spouse, as the creditors are no longer able to call the debtor's home. If any of the following circumstances apply to the marriage, it will most likely be more beneficial to file individually:

  • The debts were incurred prior to the marriage
  • The spouse not filing for bankruptcy did not incur any of the debtor's debt which are subject of the filing spouses bankruptcy petition
  • If one spouse filed bankruptcy in the past 8 years, only one may be able to file presently

Looking for a lawyer for a bankruptcy case in Hackensack, NJ? If you need more information on whether to file an individual or joint bankruptcy petition call or contact our firm today to meet with an experienced Teaneck bankruptcy attorney and discuss your case.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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The Law Office of Marc G. Alster - Hackensack Bankruptcy Attorney
Located at 2 University Plaza Drive, #311, Hackensack, NJ 07601.
Phone: (201) 878-4630.
Local: (201) 883-1190.
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