Can I file chapter 7 for the third time without it affecting my husband? 10 Answers as of April 18, 2016

I am disabled now. I have been since 2003. I have filed chapter 7 twice. I was bedridden. We rent. I have no bills other than medical. Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
A chapter 7 should not affect your spouse unless you have joint accounts. Many states make both spouses liable on the medical bills of either spouse. If this is true in your state, it won't help you as a couple for one to file bankruptcy.
Answer Applies to: Ohio
Replied: 4/18/2016
Stephens Gourley & Bywater | David A. Stephens
IF at least 8 years have passed since your last filing you can.
Answer Applies to: Nevada
Replied: 4/18/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 4/18/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You may file bankruptcy without your husband. However, your husband's income and assets come into the bankruptcy. If his income does not make you ineligible and if he has no assets that would be liquidated then he would go unaffected as well.
Answer Applies to: Nevada
Replied: 4/18/2016
Garner Law Office
Garner Law Office | Daniel Garner
In Oregon and many other states, there are "family expense statutes" which hold a spouse responsible for expenses related to the other spouse. Similar rules apply in community property states. Therefore, although you might be able to discharge personal responsibility for the medical bills in a bankruptcy, your husband could still be held responsible for them. He would have to file bankruptcy also to get rid of them.
Answer Applies to: Oregon
Replied: 4/18/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Questions like this are very difficult to answer. It sounds like you are looking to have a bankruptcy lawyer tell you OH NO, HUSBAND HAS NOTHING TO WORRY ABOUT. But I do not have any information one way or another to be able to say that. In addition, based on what you have said, I do not know if you are eligible for bankruptcy or indeed if you even need a bankruptcy. Here is what I would need to know to answer 1. When did you last file Chapter 7, and did you get a discharge? 2. Are you judgment proof, in other words, do you or your spouse have any assets a creditor or the bankruptcy court could take if you were sued? Things like a car, a vacant lot, money in the bank? 3. How much debt do you have? 4. Does your spouse realize that he is also 100% responsible for paying your medical bills if you file bankruptcy? And is he okay with that?
    Answer Applies to: Nevada
    Replied: 4/18/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years from the last filing.
    Answer Applies to: California
    Replied: 4/18/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You sound "judgment proof". Why are you filing? Anyway, it depends on the date of filing (your last case).
    Answer Applies to: Colorado
    Replied: 4/15/2016
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Answer Applies to: Michigan
    Replied: 4/15/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes if all debt is yours. Your husband will still need to provide his income.
    Answer Applies to: Florida
    Replied: 4/15/2016
Click to View More Answers: