What to do if we filed for Chapter 7 about 2 years ago but since then I filed for divorce and as an spouse for 12K in taxes which was hidden from me?

I have been left with 10K in debts; he has 8K in debts. He is also getting into much trouble so I anticipate he will be defaulting on other debts. I make very little money (approximately $400/month). Is there an innocent spouse clause to allow me to file Chapter 7 again? Can I file any other suit to place the debt responsibility on him and not I?

Asked on October 16, 2013 under Bankruptcy Law, Wisconsin


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

You can not file for bankruptcy relief again for 8 years after your discharge.  You can file for chapter 13, but with the minimal income you stated, I doubt if you would qualify for relief.

The innocent spouse doctrine applies to tax liabilities, not debt forgiveness.  I would speak to your divorce attorney regarding your liablity for both the taxes and the other debts your spouse has or will incur.  You  might have no exposure as it is.  With the information provided, I can not answer your question more fully.

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