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It's not necessary to do that. (It's also fraudulent and expensive.) One spouse can file bankruptcy without the other spouse joining in, even if they live in the same house. If the debt is joint, however, the other spouse will wind up being responsible for the debt anyway. This would be true even if the parties divorced and the other person was a cosigner on loans or credit card debts, so the divorce would not change anything. Also, the bankruptcy court is going to look back at least a year to see if there were transfers of assets including real estate between spouses, so you can't hide your assets by transferring them to your spouse in a bogus divorce. If the combined incomes of both spouses exceed the mean income for your state, that would make it necessary for you to make at least a minimum payment toward unsecured debt (though not necessarily all of the debt, depending on the amount of joint income) (Chapter 13). But the additional cost of a Chapter 13 would probably be less than the cost of a divorce and would take less time, too.

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How long do you have to wait in order file file chapter 7 bankruptcy again?

chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.


How long do you have to wait to file bankruptcy again in Georgia?

If it is a Chapter 7 Bankruptcy, you have to wait 8 years before you can file it again.


Can you get a home loan after recently being discharged from a chapter 7?

Sure can....It's even easier than getting one before a Chapter 7. Their called Day 1 after Bankruptcy loans. Surpisingly, your credit scores are pretty decent after the discharge. The creditors also know that you can't file again for several years, so they don't have to worry about you running back to the courts for help. The interest rates run about 6%...again, better than you would have gotten prior to the Chapter 7...


I am in a chap 13 bky can you come out of the bankruptcy and then file again and if so how much time must pass before filing again?

Currently, once you pay off one chapter 13, in a year, you would be able to refile. But with the new bankruptcy law, in place 10-17-2005, you can only file once every two years. 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 bankruptcy will stay on your credit report for between 7-10 years..it never "clears", as in majically just disappears and never happened. like anything you do, it can always be a consideration to anyone extending credit....doing so being entirely their own decision.


How soon can you purchase a new home after filing chapter 13 bankruptcy?

You are typically off the market for about 3-4 years. At that point some mortgage companies will begin to look at your overall credit situation again, but you will have to show much credit growth and responsibility.