Can I file a chapeter 7 and not include my husband income? He filed for bankruptcy about 7 years ago, shouw i just do it jointly?

You can file Chapter 7 Bankruptcy without including your husband, but you MUST include your husband's income and income from anyone living in the household who contributes to the household. If you husband filed for Chapter 7 Bankruptcy 7 years ago he is not eligible to file again for approximately 1 year. Who is eligible to file Chapter 7 Bankruptcy: (1) A person who has been granted a discharge in a chapter 7 case that was filed within the last 8 years. (2) A person who has been granted a discharge in a chapter 13 case that was filed within the last 6 years, unless 70 percent or more of the debtor's unsecured claims were paid off in the chapter 13 case. Basically you can file alone now or wait for the time period to elapse and file jointly. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook