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Our Offices

  • Vernon Office

    Address

    244 State Hwy 94,
    Vernon, New Jersey 07462

  • Wayne Office

    Address

    73 Mountainview Blvd,
    Wayne, New Jersey 07470

    Phone

    973-764-1633

  • Pompton Lakes Office

    Address

    58 Colfax Avenue #1,
    Pompton Lakes, New Jersey 07442

  • Hackensack Office

    Address

    41 Main Street,
    Suite 2,
    Hackensack, New Jersey 07601

    Phone

    973-764-1633

  • Nutley Office

    Address

    345 Centre Street,
    Suite 2,
    Nutley, New Jersey 07110

    Phone

    973-764-1633

Choose a location to review

Law Offices of James C. Zimmermann locations:

Ratings & Reviews

Showing 4-star reviews and above
  • lawyers
    5.0/5.0

    Mr Zimmerman was helpful and kind and prompt . He always answers his phone and that is refreshing . I will be using him for my bankruptcy in the future. He is one of the good ones . He is an outstanding attorney who truley care . He made ev...
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    — Client

  • lawyers
    5.0/5.0

    Mr. Zimmermann is a fantastic bankruptcy attorney who handled my case with care, efficiency and urgency. We were able to beat a judgement against me in the nick of time, and I truly feel a sense of relief due to the services of Mr. Zimmerma...
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    — Client

  • lawyers
    5.0/5.0

    This Lawyer will go above and beyond for you. As well as show tremendous empathy for those who are vulnerable and scared. His compassion to help civilian's shows through his actions and with his word. When he says he is going to call he cal...
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    — Client

  • lawyers
    5.0/5.0

    I’ve worked with Mr.Zimmerman on two different legal issues. In both instances he was fantastic! He is extremely knowledgeable and compassionate and able to breakdown a course of action into language anyone can understand. I would highly re...
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    — Client

  • lawyers
    5.0/5.0

    I highly recommend Mr. Zimmermann as an attorny. I recently purchased an investment property and boy was he helpful. He was easily available, very clear in explaining various concepts, laws and regulations, and provided very helpful tips o...
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    — Client


Bankruptcy and Divorce

New Jersey bankruptcy attorney advises on how divorce can affect debt relief options

The interplay between bankruptcy and divorce is complicated. Filing for bankruptcy before or during divorce can delay reaching a resolution of the divorce, but it can also make property division easier in the long run. In some cases, waiting until after the divorce to file for bankruptcy might be the better choice. At the Law Offices of James C. Zimmermann, our attorneys help New Jersey residents navigate the interaction between bankruptcy and divorce so they can secure the best possible resolution. 

Should you file bankruptcy before or after divorce?

Whether you should file for bankruptcy before or after you file for divorce depends on a few factors, including:

  • Which type of bankruptcy proceeding you file
  • Whether you want to eliminate marital debts
  • Whether you and your spouse want to file jointly to save money or double the amount of the federal exemption

We will discuss all of these factors with you and help you reach the best decision as to timing.

Types of bankruptcy and their impact on divorce

Property division is a necessary part of any divorce. If your bankruptcy is pending when you or your spouse files for divorce, or file for bankruptcy while your divorce is pending, the automatic stay that goes into effect when the bankruptcy is filed will stop or delay the property division. If you and your spouse seek bankruptcy protection jointly before you file for divorce, you can double the amount of your federal homestead exemption, making keeping your home safe from creditors easier. In a Chapter 7 bankruptcy, the trustee must sell any property you own that is not exempt from bankruptcy. Only after the trustee determines which property may be liquidated to pay creditors may the property division proceed. In a Chapter 13 bankruptcy, the value of your non-exempt property will determine how much you must pay your creditors, so you will need the bankruptcy court’s permission to proceed with the property division.

How bankruptcy affects marital debt

The ultimate goal of a bankruptcy proceeding is to discharge – that is, eliminate – all or most of your debts, potentially including even IRS tax debt (there are federal exceptions to the discharge that might apply in some cases). Therefore, a successful pre-divorce bankruptcy will likely reduce the amount of marital debt that the divorce court will need to divide.

Bankruptcy and property division during divorce

In addition to delaying the division of marital property in a divorce, bankruptcy affects how the property is divided in the divorce decree. For one thing, the trustee or bankruptcy court must decide which assets belong in the bankruptcy estate. In a Chapter 7 bankruptcy, the trustee must sell non-exempt assets, which might include marital assets as well as the spouses’ personal property, affecting what can be distributed among the divorcing spouses. 

Bankruptcy’s effect on child support and alimony

Unlike other efforts by creditors to recover debts, the automatic stay does not affect either child support or alimony. Therefore, filing for bankruptcy won’t stop or even delay them from being awarded.

Speak with a knowledgeable North Jersey bankruptcy attorney

At the Law Offices of James C. Zimmermann, we handle a full range of bankruptcy-related concerns for New Jersey clients. To schedule a free initial consultation, please call 973-764-1633 or contact us online. Our offices are in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley.