Can One Spouse File Bankruptcy? - Daniel Straffi

From Straffi & Straffi Attorneys at Law – Can One Spouse File Bankruptcy? explores the challenging decision of whether one partner in a marriage can seek bankruptcy protection on their own, and the real-world legal and financial consequences of that choice.

In this podcast, you’ll hear how bankruptcy law in New Jersey allows a married person to file individually — even if they share a household or joint debts — and how the court still considers household income when evaluating eligibility under Chapter 7 or Chapter 13. The discussion also covers when joint filings might be more beneficial, such as when most debts are shared or when doubling exemptions makes sense.

We walk through important practical issues: how filing individually may protect the non‑filing spouse’s credit, what happens to jointly owned assets and how a trustee may liquidate a debtor’s share, how state vs federal exemptions work in New Jersey, and how jointly held debts remain the non‑filing spouse’s responsibility if not discharged.

Finally, we offer guidance from Daniel Straffi and the team at Straffi & Straffi Attorneys at Law — helping you weigh the pros and cons of filing solo versus jointly, how to prepare, and when seeking legal advice becomes essential.

Straffi & Straffi Attorneys at Law

670 Commons Way, Toms River, NJ 08755, United States

(732) 341-3800

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