Legal Question in Bankruptcy in New Jersey

Am I a candidate?

I have just had a judgement against me passed in the amount of $5778. I am not working, am practically homeless, and have no assets. Can I file for bankruptcy, and if so, which one? Even though I live with my mom, can the lien her property if I dont have anything, and if I say Im married, what happens to my husband?


Asked on 2/12/04, 7:15 pm

2 Answers from Attorneys
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Am I a candidate?

Yes, you can file for Chapter 7 bankruptcy and the judgment lien will be discharged. This should not effect your mother's house. As for your husband - you will need to list all your current debts when you file. If debts are in your name only, you can file as an individual and receive an individual discharge - your husband will not appear on your bankruptcy. If your husband is co-debtor on any debts, then you may want to file a joint bankruptcy. Otherwise, only you will be discharged and your husband will be liable. Please call me at (212) 745-1373 for a free consultation or check out my website at www.edklaw.com for more help.

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Answered on 2/15/04, 10:07 am
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Am I a candidate?

Yes you should file Chapter 7 (it's a complete liquidation of all your debts). If your mom's house was not used to secure any credit, then the answer to a lien on her house is no. You should consult a lawyer to discuss how bankruptcy will help you resolve this problem. Your husband should not be affected unless he cosigned on some debts. I can further explain how this affects your husband by personal consultation. Don't wait too long because things will only get worse. Call me 201-646-9799

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Answered on 2/13/04, 1:04 pm


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