Can I file for bankruptcy after our divorce? How? 18 Answers as of May 25, 2015

I previously filed for bankruptcy with my ex-husband about 5 years ago. Can I file for bankruptcy now that we have divorced or do I have to wait and do something else?

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Ronald K. Nims LLC | Ronald K. Nims
You can file a Chapter 7 eight years after your last bankruptcy. The wait for a chapter 13 is four years
Answer Applies to: Ohio
Replied: 5/25/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Generally you can file every 5-7 years contact an attorney.
Answer Applies to: Michigan
Replied: 5/21/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Answer depends on if you received a discharge in the previous case. If you did, and it was a chapter 7, you cannot file another chapter 7 for 8 years, you can however file a chapter 13. Whether this is a good idea is another question that needs to be considered in light of your circumstances. I cannot instruct you on how to file Bankruptcy due to large volume of information. It takes considerable time and practice to understand the ins and outs. You either invest the time in educating yourself on how to do it or you hire an attorney to handle the case. Attorney practice guides available at the local law library is one resource.
Answer Applies to: California
Replied: 5/21/2015
S. Joseph Schramm | Joseph Schramm
You can file for bankruptcy if the circumstances warrant. If you have any creditors from your marriage they would probably be included in the proceeding. If you filed for reorganization and the creditors were eventually paid in full according to the terms of the plan you would not have any problem with any marital settlement agreement you signed assuming responsibility for payment of your share of marital debt. However, if you converted to a Chapter 7 liquidation and the creditors were not paid or not paid in full they would pursue your ex-spouse for payment and he, in turn, might seek enforcement against you for breach of your settlement agreement.
Answer Applies to: Pennsylvania
Replied: 5/21/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You have to consult with a bankruptcy attorney. There is a period of time within which you cannot file again.
Answer Applies to: California
Replied: 5/21/2015
    Stephens Gourley & Bywater | David A. Stephens
    If you were discharged in the prior bankruptcy you cannot file chapter 7 for 8 years. You can file a chapter 13.
    Answer Applies to: Nevada
    Replied: 5/21/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years for a new chapter 7. A chapter 13 might help in the meantime - you should see a lawyer.
    Answer Applies to: California
    Replied: 5/20/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    You cannot file bankruptcy until 8 years after the date of filing of the last bankruptcy.
    Answer Applies to: Kentucky
    Replied: 5/20/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Depends which bankruptcy you filed 5 years ago. You can file on your own now
    Answer Applies to: New York
    Replied: 5/20/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you got a discharge under Chapter 7, you can file under Chapter 13 after four years (from filing date to filing date). Again, after a discharge in one Chapter 7, you must wait eight years before you can file again under Ch. 7 and get a discharge. Your having been divorced in the meantime makes no difference.
    Answer Applies to: Wisconsin
    Replied: 5/20/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You can not file a Chapter 7 until 8 years after the date of filing of your last CH7. However, you can file a CH13. You will be required to make a small payment for 36 months, but the majority of your debts will be discharged. Meet with an experienced BK lawyer face to face to get your questions answered.
    Answer Applies to: Colorado
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to see the details, but generally you are not allowed to file another bankruptcy in so short a time from your previous bankruptcy. I would suggest you consult with the bankruptcy and family law attorney to determine what is and is not dischargeable.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If the bankruptcy was granted 5 years ago, you can't file again until 7 years have gone by since the last one. If it was not granted, you can file.
    Answer Applies to: Washington
    Replied: 5/20/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    There are time limits irrelevant of divorce or not.
    Answer Applies to: New York
    Replied: 5/20/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Your divorce has nothing to do with your eligibility to file another bankruptcy. In order to obtain a discharge through a second chapter 7 case, 8 years have to have elapses. Of course, you can get help through a Chapter 13 if you cannot afford to wait, but that comes with a big price.
    Answer Applies to: Nevada
    Replied: 5/20/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Assuming that the case you filed previously was a chapter 7, you must wait 8 years from the prior filing date before you are eligible to file another chapter 7 case. You can probably file a chapter 13 case now, if you need to, as long as at least 4 years have passed from a prior chapter 7.
    Answer Applies to: Colorado
    Replied: 5/20/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I not 100% certain, but I think that you can file for bankruptcy ONLY once every 7 years. If that is true, then the answer to your question is No. You might want to telephone an attorney specializing in Bankruptcy law to confirm what I have said above. Good luck.
    Answer Applies to: Florida
    Replied: 5/20/2015
    Idaho Bankruptcy Law | Paul Ross
    Yes, you can still file for bankruptcy. If it has been less than 8 years since your last bankruptcy, you may only be eligible for a Chapter 13. Visit with an attorney as your facts will be important. 8 years between Chapter 7 bankruptcies. Time frames are different for other bankruptcies.
    Answer Applies to: Idaho
    Replied: 5/20/2015
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