Tom Green County, TX Bankruptcy Law Firms & Lawyers

You may file a chapter 7 eight years after filing the last chapter 7. You may file a chapter 13 either 4 or 6 years depending on the circumstances. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.

Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.

Either spouse can file a single petition. The non-filer's credit will not be affected unless there are joint credit applications, in which case the credit reports are "married." However, to take certain exemptions the non-filer must file a spousal waiver in the bankruptcy along with schedule C (exemptions.)