Section 302 of the Bankruptcy Code permits married couples to file a single joint petition. The same $338 filing fee covers both spouses, saving time and money.
When Joint Filing Helps
(1) Significant joint debt — mortgages, car loans, joint credit cards, tax obligations. Filing alone leaves creditors free to pursue the non-filing spouse. (2) Asset protection — joint filings double several federal exemption limits (Homestead $55,800). (3) Both spouses have debt — separate filings double fees and legal costs.
When Individual Filing Helps
(1) Debt concentrated in one spouse — protect the other spouse’s credit. (2) Protect non-filing spouse’s titled assets — generally safe. (3) Non-filing spouse is self-employed — preserve business credit.
Couples in the Middle of Divorce
A legally married couple may file jointly even with a divorce action pending. Once an asset-and-debt division order is final, individual filings make more sense. Song Law Firm coordinates with family law counsel when needed.
Immigration Status
A green-card holder and a visa holder may file jointly. U.S. bankruptcy law does not condition eligibility on immigration status. However, a bankruptcy on record can affect future visa renewal or adjustment-of-status; the firm’s immigration team reviews the impact before filing.
Korean Marriage Certificates
A Korean (or other foreign) marriage certificate, properly apostilled and translated, is recognized as proof of a legal marriage in U.S. bankruptcy courts.
Means Test Implications
In a joint filing, the household income is the combined income. If one spouse earns significantly more, Chapter 7 may be unavailable; Song Law Firm runs the calculations beforehand.
FAQ
Q. What if one spouse lives in NJ and the other in NY?
Each spouse may individually file in the court of their residence. A joint petition must be filed in a single court, so couples with split residences typically file individually. Song Law Firm recommends the optimal route.
Our Commitment
Song Law Firm helps Korean American clients across NJ and NY navigate every step — pre-filing creditor negotiations, asset protection strategy, and post-discharge credit recovery — in Korean, English, and Chinese. Our team serves Fort Lee, Bergen County, Hudson County, and the broader NJ–NY metro area.
Free Consultation
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This column is for general informational purposes only and is not legal advice on any specific matter. Reading this article or contacting Song Law Firm does not create an attorney–client relationship. Please consult a qualified attorney for advice on your particular situation.
