Thursday, October 1, 2009

New Jersey Bankruptcy Lawyer - Husband and Wife

"If I file for a chapter 7 bankruptcy in New Jersey, will it impact my wife"? "Does my wife have to file with me"? These are questions I hear almost everyday during my consultation with clients. The answer is simple: New Jersey is not a community property state. This means that by virtue of you filing, your spouse will not be affected. Your spouse, however, will still be responsible for debts that they have co-signed for. The creditor can still pursue your spouse for these debts because a chapter 7 bankruptcy only discharges the debt as to the spouse that files. Your spouses credit will not be affected by your filing. Some credit card companies will try to hold one spouse responsible for the other spouse's debt. If this happens, you can contest it with the credit reporting agency. If the credit card company cannot prove that you signed for the debt, it will be removed from your credit report. I encourage my clients to take full advantage of the free annual credit report.

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