How soon can I file for Chapter 7 bankruptcy?

UPDATED: Jun 26, 2012

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How soon can I file for Chapter 7 bankruptcy?

I am divorced and being garnished for my ex-husband’s medical bills. He filed Chapter 7 exactly 7 years ago. I was included in it although I had no debt at the time because we had just been married. How soon next year can I file Chapter 7 again? Can I do it in the beginning of the year or must I wait until the 8 year anniversary? And do I need him to co-file with me?

Asked on June 26, 2012 under Bankruptcy Law, Washington


Malissa Walden / Kansas City Bankruptcy Attorneys Walden & Pfannenstiel, LLC

Answered 10 years ago | Contributor

If you were a Joint Debtor and received a discharge in a chapter 7 case filed:

  • Within the last 8 years – You will not be able to receive another chapter 7 discharge until 8 years has passed from the filing date of your previous case.
  • Within the last 4 years – You will not be able to receive a chapter 13 discharge until 4 years have passed from the filing date of your previous case.

You cannot file jointly with your ex-spouse.

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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