QUESTION
Filed for bankruptcy now 5 years later getting a divorce. After the divorce will I be able to file for bankruptcy separately?
Asked on Mar 30th, 2014 on Bankruptcy - Arizona
More details to this question:
My wife and I filed for chapter 7 and were discharged in October 2009. Were are now about to go though divorce. We are over stressed as is with finances being married. We agree on how to split everything with our looming divorce. However, after the divorce we both foresee the financial strains as to much for either of us to handle. Can we file separately after our divorce for bankruptcy even though were still not out of the time constraints for a discharge from our previous joint filing?
1 ANSWER
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Neither of you will be able to file for chapter 7 bankruptcy until October 2016, which is eight years after your previous chapter 7 bankruptcy filing. If he were to file a chapter 13 bankruptcy you would be able to do it now, as for years have passed since your chapter 7 bankruptcy discharge. The fact that you file together and are now choosing to file separately has no bearing on the years the need to pass before you may receive another chapter 7 bankruptcy discharge.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 01st, 2014 at 10:29 AM