Leadville, CO Bankruptcy Law Firms & Lawyers

It depends on how and why and, more importantly, when your previous cases were dismissed. Importantly, if both of your cases were still pending (that is, not yet closed) within the last 12 months, a third bankruptcy filing will not invoke that automatic stay, which is what stops foreclosures. If only one of the two was still pending in the last 12 months, then your new petition would enjoy the stay for only 30 days and you can get that extended only with a motion heard within those 30 days (which requires filing the motion well in advance). Now, even if this is your third filing in the last 12 month period, if your financial situation is different now and you file the petition sufficiently in advance of the foreclosure sale date, you may be able to file a motion to impose the stay. Ultimately you need to consult experienced bankruptcy counsel to go over all of the foregoing as well as what you can accomplish in your new case. Following through on a 13 or 11 may give you what you need.

You should be able to file without its affecting your husband. Unfortunately, though, that depends on the discernment of whoever is reviewing your credit report. So if you should apply for credit, you might want to make sure the creditor knows that your husband did not file. Also, please keep in mind that you can get a discharge only after eight years have passed since the date of filing your most recent Chapter 7.

A debtor is only eligible for Chapter 7 Discharge once every eight (8) years, with the date of filing (not date of Discharge) being the triggering date. There is no "hardship" exception to this time frame. Your son would be eligible for a Chapter 13 Discharge and certainly could file a Chapter 13 case now, although his unstable employment situation could make a Chapter 13 filing problematic. Your son should contact competent bankruptcy counsel to discuss this matter.