Can my friend be able to file for bankruptcy after 5 or 6 years? 17 Answers as of July 04, 2013

I am going to file bankruptcy, and my friend is a borrower on my second mtg. Will he then be responsible for that debt? If so can he still file bankruptcy if he has filed in the past? ( I think its been five or six years )

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your friend is responsible now for the second mortgage. If you do not pay the lender will look to him or her for payment. It is 8 years between chapter cases.
Answer Applies to: California
Replied: 7/6/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
You can only get a chapter 7 discharge once every 8 years.
Answer Applies to: Georgia
Replied: 7/4/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
He will be scheduled as a co-debtor on your Bankruptcy and can be looked to for the debt. He can file a Chapter 7 only if it's been 8 years from the date of discharge, or a Chanel 13 if it's been 4 years from the date of discharge .
Answer Applies to: Washington
Replied: 7/1/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
Chapter 7 can only be filed once every eight years. He may, however, be able to file a Chapter 13 bankruptcy to eliminate any responsibility for the debt.
Answer Applies to: Oregon
Replied: 7/1/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, it will be his debt. Debtors can file Chapter 7 every 8 years. He could file a Chapter 13, though.
Answer Applies to: Virginia
Replied: 7/1/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Chapter 7s must be spaced at least 8 years apart. If you file Chapter 7 your friend remains liable. (Your friend MIGHT be eligible for Chapter 13, as might you, and that would change the entire answer).
    Answer Applies to: Georgia
    Replied: 7/1/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes your friend may file bankruptcy at any time.
    Answer Applies to: Washington
    Replied: 7/1/2011
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Your friend can file Chapter 8 years after his/her last filing. He/she is eligible for Chapter 13 after 4 years.
    Answer Applies to: Maine
    Replied: 7/1/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Friend must file to do away with liability on 2nd. Friend can file 13.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    A codebtor's bankruptcy does not eliminate the other codebtor's liability insofar as the debt is not paid off in the bankruptcy. For information on repeat filings, see: http://www.bankonitsd.com/Bankruptcy_FAQ_general_second.html
    Answer Applies to: California
    Replied: 7/1/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Yes. Your friend may be limited on the chapter he has to file under given the recent bankruptcy. If his previous bankruptcy was a Ch 7, your friend will have to file under Ch13. If the previous bankruptcy was a Chapter 13, your friend is able to file under either chapter (at least in terms timing). Your friend will still have to pass the means test to file under Ch 7.
    Answer Applies to: Oregon
    Replied: 7/1/2011
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