If I had discharged a Chapter 7 about 4 years ago and then married last year but my husband want to file Chapter 7 jointly, will we be able to receive a discharge?

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If I had discharged a Chapter 7 about 4 years ago and then married last year but my husband want to file Chapter 7 jointly, will we be able to receive a discharge?

Asked on June 28, 2015 under Bankruptcy Law, Tennessee

Answers:

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

Answered 5 years ago | Contributor

No you cannot. First of all, your husband can file for a Chapter 7 seperately and, assuming that he has not filed previously for bankruptcy�(or at least�within the prescribed time limits), he can obtain a discharge. However, you cannot. A debtor cannot obtain a discharge in a Chapter 7 case if they obtained a discharge in a prevoius Chapter 7�that was�filed within the past 8 years.

Note: If you are seek to file a Chapter 13, the rule is that�a Chapter 13 can be filed any time after a Chapter 7 filing, though you may not receive a discharge if the Chapter 13 is within�4 years of the Chapter 7 filing.



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