Bankruptcy when newlywed

UPDATED: Sep 30, 2022

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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 6 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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