Legal Question in Bankruptcy in New Jersey

Bankruptcy Exemptions

I am thinking of filing for bankruptcy. I own a house with my wife, but all credit card debts are in my name only. That's why I want to file individually. Our house is worth $180,000 and we have mortgage for $130,000. Can I use my wife's exemptions in addition to my exemptions to protect equity in our house even if she does not file with me for bankruptcy?

Thanks


Asked on 2/18/09, 11:58 pm

1 Answer from Attorneys
Adam Brief Mellinger, Sanders & Kartzman

Re: Bankruptcy Exemptions

Exemptions are on a per-debtor basis, and may only be claimed by a debtor. Thus, you cannot claim an exemption for any other individual, including a non-debtor spouse.

If you have further questions, please contact me.

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Answered on 2/19/09, 10:26 am


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