Yes, one spouse can file bankruptcy alone in New Jersey, and the non-filing spouse is not legally required to participat...

Yes, one spouse can file bankruptcy alone in New Jersey, and the non-filing spouse is not legally required to participate. However, the decision still affects the household. Joint debts remain collectible against the non-filing spouse, jointly owned property can be drawn into the case, and household income is still examined under the means test.
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A foreclosure notice represents a serious threat to your home and your family’s stability. Whether your mortgage lender...

A foreclosure notice represents a serious threat to your home and your family’s stability. Whether your mortgage lender has threatened foreclosure or already filed a formal complaint, it is important to understand that you retain legal options to protect your property under New Jersey law.
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Several factors can prevent you from filing for bankruptcy or receiving a discharge of your debts in New Jersey. These i...

Several factors can prevent you from filing for bankruptcy or receiving a discharge of your debts in New Jersey. These include failing the means test, committing fraud during the filing process, having a recently dismissed case, and receiving a prior discharge within restricted time periods. However, being disqualified from one chapter does not always mean you have no options. Many people who cannot file under Chapter 7 may still qualify for Chapter 13, and vice versa.
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Filing for bankruptcy in New Jersey does not automatically mean you will lose your car. Both Chapter 7 and Chapter 13 of...

Filing for bankruptcy in New Jersey does not automatically mean you will lose your car. Both Chapter 7 and Chapter 13 offer paths to keep your vehicle, depending on your equity, your loan balance, and the exemptions you choose. The key is understanding how state and federal exemption rules apply to your situation and picking the set that protects the most value.
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Yes, most retirement accounts are protected when you file for bankruptcy in New Jersey. Federal law shields employer-spo...

Yes, most retirement accounts are protected when you file for bankruptcy in New Jersey. Federal law shields employer-sponsored plans like 401(k)s and pensions with no dollar limit. Traditional and Roth Individual Retirement Accounts (IRAs) are protected up to $1,711,975 in the aggregate under current federal bankruptcy rules for cases filed on or after April 1, 2025, while SEP IRAs, SIMPLE IRAs, and qualifying rollover amounts are treated differently under the Code. However, the type of account you have, the exemptions you choose, and the timing of your filing can all affect how much protection you receive.
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New Jersey Foreclosure Lawyer - Daniel Straffi, Jr. - BSPE Legal Marketing Podcast

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What Are the Exemptions in a New Jersey Bankruptcy? - Daniel Straffi, Jr. - BSPE Legal Marketing Podcast

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If you are overwhelmed by credit card bills, medical debt, or collection calls you can’t keep up with, Chapter 7 bankrup...

If you are overwhelmed by credit card bills, medical debt, or collection calls you can’t keep up with, Chapter 7 bankruptcy may give you a way to eliminate most of that debt and start over. Under federal law, Chapter 7 allows qualifying individuals to discharge unsecured debts like credit cards, medical bills, and personal loans without a repayment plan. Most filers keep their home, car, and retirement savings through available exemptions, and the entire process typically takes three to six months from filing to discharge.
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Bankruptcy exemptions are laws that protect certain property from being sold to pay your creditors. In New Jersey, you c...

Bankruptcy exemptions are laws that protect certain property from being sold to pay your creditors. In New Jersey, you can choose between two sets of exemptions: the New Jersey exemptions (N.J.S.A.) or the federal bankruptcy exemptions under 11 U.S.C. § 522(d). Most filers do better with the federal exemptions because New Jersey's state exemptions are limited, with no statutory homestead exemption and no specific motor-vehicle exemption. However, if you own property jointly with a spouse as tenants by the entirety, the state exemptions may offer advantages.
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A bankruptcy discharge is a court order that eliminates your legal responsibility to repay certain debts. Once a debt is...

A bankruptcy discharge is a court order that eliminates your legal responsibility to repay certain debts. Once a debt is discharged, you are no longer personally liable for it, and creditors cannot take any further collection actions against you. However, not all debts can be discharged, and the process differs between Chapter 7 and Chapter 13 bankruptcy.
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In most cases, medical bills can be wiped out through bankruptcy in New Jersey. Because medical bills are treated as uns...

In most cases, medical bills can be wiped out through bankruptcy in New Jersey. Because medical bills are treated as unsecured debt under federal bankruptcy law, they qualify for discharge through either Chapter 7 or Chapter 13 bankruptcy. The right chapter depends on your income, assets, and goals: some people qualify for a faster discharge, while others benefit from a structured repayment plan.
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When you’re considering Chapter 7 bankruptcy, one of the first questions is whether you meet New Jersey’s income require...

When you’re considering Chapter 7 bankruptcy, one of the first questions is whether you meet New Jersey’s income requirements. Eligibility is often determined by the means test, which uses a six-month income lookback and compares it to New Jersey’s median income guidelines for the applicable filing period. If your average income over the six months before filing falls below these thresholds, you generally qualify without additional analysis. If your income exceeds the median, you may still qualify by passing the means test, which evaluates your disposable income after allowable living expenses.
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What Is Bankruptcy Discharge in New Jersey? - Daniel Straffi - BSPE Legal Marketing Podcast

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