How often can you file for bankruptcy?

Question Details:

My husband of 2 years is getting ready to file Chapter 7, and I filed by myself back in 2000. Am I eligible to file with him now?

Asked 11/10/2009 under Bankruptcy | 279 View(s) | More Legal Topics

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Bankruptcy Law Answers

I am a lawyer in CT and practice in this area of the law.  The last time i checked, the law permits you to file at least 1 time every 7 years.  therefore, you should be eligible to seek bankruptcy protection.  i suggest that you hire a bankruptcy lawyer to meet with you and your husband as you may not need to file BK, only your husband.  If you can avoid preserving your credit that would help so that you can qualify for loans and improve your credit as opposed to have bad credit like your husband will if he files BK.

A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years.

A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years.

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