You filed a chapter 7 in January 2003 can you file another chapter 7 at this time. I am now married and my husband had a brain injury in 807 and has not been able to work and I was laid off in 508?

Answer 1

I filed for chapter 7 in January 2003. Married in 2006, my husband had received a brain injury in August 2007 and has not worked since but was given many credit cards which total over 25,000.00 I was laid off in May 2008 due to a buy-out and can not pay these credit cards any longer. Can we file chapter 7 at this time. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago. The circunstances are irrelevant, BK is always done only as a last resort after unfortunate things.