Joint bankruptcy with a single Chapter 7 on record?
I filed for chapter 7 bankruptcy in 2005 and we did not include the house. Now my wife & I will be getting a divorce. Is it possible to file a Joint Bankruptcy when it has been only 4 years since I filed myself? We’re in Tennessee if that matters.
Sorry, I couldn’t remember the word "re-affrimed" when I was typing my original question. I did re-affirm the house during the Chapter 7 filing.
Since it has only been 4 years since the last time you filed, your only option for bankruptcy at this point is a Chapter 13 where you will be expected to pay monthly toward your debts.
Did you have the mortgage when you filed 4 years ago? If so, you were required to include that debt in the bankruptcy. If you did not, you committed fraud. Look at your BK paperwork or contact your lawyer from 4 years ago to verify the debt was included. If you did include it, unless you reaffirmed the debt, you do not have to pay the mortgage. You can walk away.
If you did not include the house, if you file now, they will figure out you failed to list all your debts and may examine your old case.
This entry was posted on Saturday, December 26th, 2009 at 4:35 pm and is filed under chapter 7 bankruptcy. Follow the comments through the RSS 2.0 feed. You can post a comment, or leave a trackback.
Since it has only been 4 years since the last time you filed, your only option for bankruptcy at this point is a Chapter 13 where you will be expected to pay monthly toward your debts.
Did you have the mortgage when you filed 4 years ago? If so, you were required to include that debt in the bankruptcy. If you did not, you committed fraud. Look at your BK paperwork or contact your lawyer from 4 years ago to verify the debt was included. If you did include it, unless you reaffirmed the debt, you do not have to pay the mortgage. You can walk away.
If you did not include the house, if you file now, they will figure out you failed to list all your debts and may examine your old case.
References :
December 26th, 2009 at 9:52 pm
Under the new law,, You can only file a Ch 7 bankruptcy once every 8-years,
It was 6-yr under the old law, you’ll have to file another chapter,
References :
December 26th, 2009 at 10:03 pm