Can I file for bankruptcy without it impacting my husband? 17 Answers as of February 27, 2011

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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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
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.
Answer Applies to: California
Replied: 2/27/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
you may only get a chapter 7 discharge once every eight years. You will have to wait. IF this is all seperate debt your current husband has no liability for it.
Answer Applies to: California
Replied: 2/22/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
It would seem you would have to wait longer to file, since the discharge was in 2006. However, once you are able to file, if the debts are your pre-marital debts, and your current hubby is not attached to them, then you can seek to file married, but solely.
Answer Applies to: California
Replied: 2/22/2011
Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
The larger issue for you is whether you can file bankruptcy at all. You can only file once in an eight year period. Since eight years has not passed since your last filing, you will not be able to file again now.
Answer Applies to: Wisconsin
Replied: 2/22/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
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.
Answer Applies to: Tennessee
Replied: 2/21/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    No, every bankruptcy affects both spouses because all debts will come into the bankruptcy as well as all income for the household.Your ex husband will be impacted because you co-signed on debts with him and he would be left with a legal obligation to pay those debts. Lastly, you are not currently eligible to receive a discharge anyway; you must wait 8 years from your last discharge. Stop the insanity and work it out with your ex husband to split the debts and pay them off together. Then, negotiate the rest and promise yourself never to do this again. All the best.
    Answer Applies to: California
    Replied: 2/21/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 2/21/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    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.
    Answer Applies to: New Hampshire
    Replied: 2/21/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You are not eligible to file a Chapter 7 case now but you may be able to file a Chapter 13, and yes, you can file by yourself. If you and your current husband have not incurred any debt since you were married, then he shouldn't be affected by your bankruptcy filing.
    Answer Applies to: California
    Replied: 2/21/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    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.
    Answer Applies to: California
    Replied: 2/21/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to wait 8 years between Chapter 7 cases, so you can not file now. When you are eligible you can file again, or you can file a chapter 13 now. The new husbands income will be considered in any bankruptcy you file. Your filing will not affect his credit.
    Answer Applies to: California
    Replied: 2/21/2011
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    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.
    Answer Applies to: California
    Replied: 2/21/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You have to wait for 8 years from the date of your last bankruptcy filing to file again.
    Answer Applies to: California
    Replied: 2/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you filed in 2006, you cannot file a chapter 7. You can only file a chapter 7 case once every 8 eight years. So, could not file another chapter 7.

    You could file a chapter 13 case but you would have to pay some of the debt back.
    Answer Applies to: California
    Replied: 2/21/2011
    Law Offices of Dennis Baranowski
    Law Offices of Dennis Baranowski | Dennis Baranowski
    The first issue you are facing is that you are only eligible for a Chapter 7 discharge every 8 years. Therefore, if your prior filing was a Chapter 7 in 2006, you will not be able to obtain another discharge in another Chapter 7 until 2014. You may not have a problem if you previously filed a Chapter 13 or wish to file a Chapter 13 at this point. An experienced bankruptcy attorney can advise you of your options.
    Answer Applies to: California
    Replied: 2/21/2011
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