How long doI have to wait to file another Chapter 7 bankruptcy?

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How long doI have to wait to file another Chapter 7 bankruptcy?

I filed a Chapter 7 just over 6 years ago it was and discharged 7 months later in NC. I now live in SC and need to file again. When can I? Also, can a married person file bankruptcy individually?

Asked on September 4, 2011 under Bankruptcy Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, I assume that you want to file another Chapter 7 (not a Chapter 13). That being the case, the rules is that a debtor cannot obtain a discharge in a Chapter 7 case if they obtained a discharge in a Chapter 7 case filed within the past 8 years. The time period is measured from the filing date and not the date of discharge.

As for being married and filing separately, yes you can do so. If you have separate credit than your filing should not affect your spouse's credit in anyway.  In fact, if you have no joint accounts or joint assets (that are not exempted by law), then your bankruptcy will not affect your spouse at all.  However, unless you are living apart and are legally separated, in a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the trustee and creditors can evaluate the household's income (although this in no way obligates your spouse either legally or financially). 


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