QUESTION

Can you file chapter 7 bankruptcy as an individual after a divorce if you filed jointly while you were married?

Asked on Jun 28th, 2012 on Bankruptcy - Tennessee
More details to this question:
Husband and wife filed Chapter 13 in 2006, then coverted to Chapter 7 later that year. Divorce was just final last month.
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Burbank, CA
Reviews not shown
3 Awards
You can always file bankruptcy as an individual.  That isn't the issue.  The issue is whether you can receive a discharge now.  I you received a discharge in your prior Chapter 7 case, then you must wait 8 years from the date your prior case was filed before filing a new Chapter 7 case.   Based on the facts you presented, you would need to wait until sometime in 2014.  Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr
Answered on Jun 28th, 2012 at 2:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters