QUESTION
Can I file for bankruptcy after our divorce? How?
Asked on May 20th, 2015 on Bankruptcy - Florida
More details to this question:
I previously filed for bankruptcy with my ex-husband about 5 years ago. Can I file for bankruptcy now that we have divorced or do I have to wait and do something else?
13 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can file a Chapter 7 eight years after your last bankruptcy. The wait for a chapter 13 is four years
Answered on May 25th, 2015 at 4:32 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally you can file every 5-7 years contact an attorney.
Answered on May 21st, 2015 at 6:43 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Answer depends on if you received a discharge in the previous case. If you did, and it was a chapter 7, you cannot file another chapter 7 for 8 years, you can however file a chapter 13. Whether this is a good idea is another question that needs to be considered in light of your circumstances. I cannot instruct you on how to file Bankruptcy due to large volume of information. It takes considerable time and practice to understand the ins and outs. You either invest the time in educating yourself on how to do it or you hire an attorney to handle the case. Attorney practice guides available at the local law library is one resource.
Answered on May 21st, 2015 at 2:56 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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You cannot file bankruptcy until 8 years after the date of filing of the last bankruptcy.
Answered on May 20th, 2015 at 6:15 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you got a discharge under Chapter 7, you can file under Chapter 13 after four years (from filing date to filing date). Again, after a discharge in one Chapter 7, you must wait eight years before you can file again under Ch. 7 and get a discharge. Your having been divorced in the meantime makes no difference.
Answered on May 20th, 2015 at 4:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to see the details, but generally you are not allowed to file another bankruptcy in so short a time from your previous bankruptcy. I would suggest you consult with the bankruptcy and family law attorney to determine what is and is not dischargeable.
Answered on May 20th, 2015 at 3:26 PM
You can not file a Chapter 7 until 8 years after the date of filing of your last CH7. However, you can file a CH13. You will be required to make a small payment for 36 months, but the majority of your debts will be discharged. Meet with an experienced BK lawyer face to face to get your questions answered.
Answered on May 20th, 2015 at 3:25 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the bankruptcy was granted 5 years ago, you can't file again until 7 years have gone by since the last one. If it was not granted, you can file.
Answered on May 20th, 2015 at 3:22 PM
There are time limits irrelevant of divorce or not.
Answered on May 20th, 2015 at 3:02 PM
Deborah F. Bowinski
Assuming that the case you filed previously was a chapter 7, you must wait 8 years from the prior filing date before you are eligible to file another chapter 7 case. You can probably file a chapter 13 case now, if you need to, as long as at least 4 years have passed from a prior chapter 7.
Answered on May 20th, 2015 at 3:01 PM
Your divorce has nothing to do with your eligibility to file another bankruptcy. In order to obtain a discharge through a second chapter 7 case, 8 years have to have elapses. Of course, you can get help through a Chapter 13 if you cannot afford to wait, but that comes with a big price.
Answered on May 20th, 2015 at 3:01 PM
I not 100% certain, but I think that you can file for bankruptcy ONLY once every 7 years. If that is true, then the answer to your question is No. You might want to telephone an attorney specializing in Bankruptcy law to confirm what I have said above. Good luck.
Answered on May 20th, 2015 at 2:51 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, you can still file for bankruptcy. If it has been less than 8 years since your last bankruptcy, you may only be eligible for a Chapter 13. Visit with an attorney as your facts will be important. 8 years between Chapter 7 bankruptcies. Time frames are different for other bankruptcies.
Answered on May 20th, 2015 at 2:51 PM