Bankruptcy when newlywed
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Bankruptcy when newlywed
I filed bankruptcy about 1-2 years ago. Since I have
incurred a little debt but also got married. He has debt. Can
we file for bankruptcy together for both our debts. Or am I
disqualified because of my recent bankruptcy.
Asked on July 17, 2016 under Bankruptcy Law, Wisconsin
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you have received a discharge in a Chapter 7 bankruptcy, you must wait 8 years from the date you filed before you can file another Chapter 7 and receive a discharge.
If your debts were discharged in a previous Chapter 13 case, you cannot receive a discharge in a later Chapter 13 unless it is filed at least 2 years after the date the first bankruptcy was filed. Since it usually takes 3-5 years to complete a Chapter 13 repayment plan and receive a discharge, you can typically file for another Chapter 13 and be eligible for a discharge immediately after the first case is closed.
If first discharge was under a Chapter 7 bankruptcy, you can file for a later Chapter 13 and be eligible for a discharge if the case is filed 4 years or more after the filing date of the Chapter 7.
Finally, if you received a discharge in a previous Chapter 13 bankruptcy, you must wait 6 years from the date the Chapter 13 was filed before you can file for/receive a discharge in a later Chapter 7 case. However, there is an exception to this rule; it does not apply if in the previous Chapter 13 you paid back all of your unsecured debts or at least 70% of your unsecured debts and your plan was proposed in good faith.
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