QUESTION

Can I file chapter 7 for the third time without it affecting my husband?

Asked on Mar 13th, 2016 on Bankruptcy - Colorado
More details to this question:
I am disabled now. I have been since 2003. I have filed chapter 7 twice. I was bedridden. We rent. I have no bills other than medical. Thank you.
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7 ANSWERS

You should be able to file without its affecting your husband. Unfortunately, though, that depends on the discernment of whoever is reviewing your credit report. So if you should apply for credit, you might want to make sure the creditor knows that your husband did not file. Also, please keep in mind that you can get a discharge only after eight years have passed since the date of filing your most recent Chapter 7.
Answered on Apr 18th, 2016 at 7:20 AM

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Bankruptcy Attorney serving Las Vegas, NV
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You may file bankruptcy without your husband. However, your husband's income and assets come into the bankruptcy. If his income does not make you ineligible and if he has no assets that would be liquidated then he would go unaffected as well.
Answered on Apr 18th, 2016 at 7:19 AM

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In Oregon and many other states, there are "family expense statutes" which hold a spouse responsible for expenses related to the other spouse. Similar rules apply in community property states. Therefore, although you might be able to discharge personal responsibility for the medical bills in a bankruptcy, your husband could still be held responsible for them. He would have to file bankruptcy also to get rid of them.
Answered on Apr 18th, 2016 at 7:19 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Questions like this are very difficult to answer. It sounds like you are looking to have a bankruptcy lawyer tell you OH NO, HUSBAND HAS NOTHING TO WORRY ABOUT. But I do not have any information one way or another to be able to say that. In addition, based on what you have said, I do not know if you are eligible for bankruptcy or indeed if you even need a bankruptcy. Here is what I would need to know to answer 1. When did you last file Chapter 7, and did you get a discharge? 2. Are you judgment proof, in other words, do you or your spouse have any assets a creditor or the bankruptcy court could take if you were sued? Things like a car, a vacant lot, money in the bank? 3. How much debt do you have? 4. Does your spouse realize that he is also 100% responsible for paying your medical bills if you file bankruptcy? And is he okay with that?
Answered on Apr 18th, 2016 at 7:18 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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A chapter 7 should not affect your spouse unless you have joint accounts. Many states make both spouses liable on the medical bills of either spouse. If this is true in your state, it won't help you as a couple for one to file bankruptcy.
Answered on Apr 18th, 2016 at 7:17 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes.
Answered on Apr 15th, 2016 at 9:47 AM

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You sound "judgment proof". Why are you filing? Anyway, it depends on the date of filing (your last case).
Answered on Apr 15th, 2016 at 9:46 AM

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