QUESTION

Can I file for bankruptcy without it impacting my husband?

Asked on Feb 18th, 2011 on Bankruptcy - California
More details to this question:
I filed for bankruptcy and it was discharged Jan. 2006. I remarried, established credit w/him, divorced him, co signed for a truck for him, have credit cards, medical bills and such accrued with ex husband. I am remarried and he married me w/DEBT. Can I refile again w/o my current husband who has EXCELLENT credit? My current husband is high rank in military if that would matter.
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7 ANSWERS
Answered on Feb 27th, 2011 at 4:47 PM
You need to wait at least 8 years between the filing date of your previous Chapter 7 bankruptcy case and the filing date of the new case. Based on the January 2006 discharge date of your prior case, I assume that you filed your prior case in 2005. This would make you not eligible to file a new Chapter 7 case and get a new discharge until some time in 2013.

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Answered on Feb 21st, 2011 at 1:46 PM
Your bankruptcy will not impact your husband although you will have to include his income and property and explain if it is separate property or community property. You will need to be able to exempt or protect your share of the community property and your entire separate property. You might not be able to file for a while if you got a discharge in 2006 and it was in a Chapter 7. In that case you might have to file a Chapter 13 or wait about three more years to file another Chapter 7. If he is a high ranking military officer his income might disqualify you form doing a Chapter 7 anyway, particularly if you are also employed and make a good salary. You definitely need to go to a bankruptcy lawyer to review your situation and advise you as to what you should or should not do with regard to bankruptcy.

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Answered on Feb 21st, 2011 at 1:46 PM
You can only file the same chapter every 10 years. You will have to consult with a bankruptcy attorney to see if you have any options.

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Answered on Feb 21st, 2011 at 1:46 PM
You can refile again in 2014. There is an 8 year limit between filings. No your filing will not affect your Husband's credit record. Husbands and Wives must have separate credit reports.

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Answered on Feb 21st, 2011 at 1:45 PM
You cannot file for a chapter 7 bankruptcy again if you filed in 2006. You are required to wait 8 years between chapter 7 filings.

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Answered on Feb 21st, 2011 at 1:45 PM
Sounds like you need to sit and talk to an attorney! The court will deny a discharge in a later chapter 7 case if the debtor received a ch 7 discharge within 8 years before the second petition is filed. So if your 2006 discharge was from a chapter 7you are ineligible. There are other numerous exceptions, such as paying off 'allowed unsecured creditors' or completing a 70% plan. You may be eligible for a chapter 13 discharge given that more than 4 years have passed. As long as your debts are not in your husband's name, his credit will not be affected. Creditors cannot hassle him to pay for debts that are not community property. When you file for credit jointly, both credit histories are considered, so your low score will bring the average down.

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Answered on Feb 21st, 2011 at 1:44 PM
You have to wait for 8 years from the date of your last bankruptcy filing to file again.

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