QUESTION
Can I file Chapter 13 if my husband did before we were married?
Asked on Feb 09th, 2013 on Bankruptcy - Michigan
More details to this question:
He filed in 2008, we got married in 2010. Now we need to file to stop the foreclosure.
11 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, you can file a chapter 13 bankruptcy alone or with him, depending on the circumstances of his earlier case.
Answered on Feb 12th, 2013 at 1:59 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you can file a Chapter 13. See a lawyer.
Answered on Feb 11th, 2013 at 8:04 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you never filed you can. He should be able to now again also,
Answered on Feb 11th, 2013 at 6:51 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes, your husband's previous filing does not make you ineligible to file.
Answered on Feb 10th, 2013 at 11:29 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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Either one of you that is on the Mortgage that's being foreclosed on can file a case to stop it. Regarding his prior case, it's been long enough to become eligible for a Chapter 13 discharge (and actually if all he was doing was paying arrears and catching up a mortgage he wouldn't need the discharge anyway). Of course you have to be able to pay the ongoing mortgage payment plus whatever's necessary to cure the arrears plus the Trustee's percentage - usually around 5-10% - plus attorney's fees if you hire an attorney (plus whatever else may need to be paid based on your other debt and your income).
Answered on Feb 10th, 2013 at 11:10 PM
Assuming you financially qualify to file Chapter 13, you and your husband can file Chapter 13 together and upon completion of the Chapter 13, you both will be able to obtain a discharge of your debts.
Answered on Feb 10th, 2013 at 11:03 PM
Yes you can. Contact a bankruptcy attorney right away before the foreclosure Sheriff's sale date has passed.
Answered on Feb 10th, 2013 at 10:59 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes. Please understand that filing a chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced chapter 13 bankruptcy attorney before deciding to take this important step.
Answered on Feb 10th, 2013 at 10:58 PM
Deborah F. Bowinski
Yes. He is eligible to file another chapter 13 and receive a discharge of debt, so you can file a new joint chapter 13 or you can file your own individual case. Chapter 13s are very complicated so you should consult with and retain an experienced attorney for the best chance of success.
Answered on Feb 10th, 2013 at 10:53 PM
Donald C. McLeaish
yes, call us or any bankruptcy attorney.
Answered on Feb 10th, 2013 at 10:50 PM
Yes, you can, assuming you otherwise qualify.
Answered on Feb 10th, 2013 at 10:04 PM