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If you file Chapter 7 bankruptcy too soon after you get a previous bankruptcy discharge, you cannot receive another discharge.
If you filed for Chapter 7 bankruptcy in the past, you may not be able to file a new Chapter 7 case and get a discharge of your debts.
Time your new Chapter 7 bankruptcy case properly and you’ll get the benefits you’re looking for.
Do it wrong and you’ll end up in a bad situation.
Filing Chapter 7 Bankruptcy Again
If you received your first discharge under a Chapter 7, you are eligible to get a discharge in a new Chapter 7 bankruptcy that is filed more than eight years from the date that the first case was filed.
If you file a new Chapter 7 bankruptcy case within eight years then you will not qualify for a discharge in the new case.
Is The Discharge Important In The New Chapter 7 Case?
As I discuss in the article, How To File Bankruptcy Again When You’re Back In Debt, you need to think about why you’re filing a new Chapter 7 bankruptcy case. In some situations, the discharge may not be important to you.
You may have enough money to repay your debts in full but simply don’t want to deal with numerous creditors.
Or you may have a piece of property that could be sold to pay your debts, but don’t want the hassle of selling it and dividing up the proceeds.
In those situations, a new Chapter 7 bankruptcy may be a good idea in spite of the fact that you won’t get a discharge.
Discharged v. Dismissed v. Denied
If you file for Chapter 7 bankruptcy, you don’t qualify for a discharge if the prior case was filed within the past eight years and resulted in a discharge.
However, if the case was dismissed then you may not face such a limitation. We’re going to need to look into the reasons for the dismissal before making a decision about that.
If your discharge was denied in your first case then you may be able to file again. Any discharge you receive, however, may not include the debts you listed in the original Chapter 7 bankruptcy case. Again, we’re going to need to look into things before deciding how the new Chapter 7 case is going to play out.
Consider Chapter 13
Even if you do not qualify for a discharge in a second Chapter 7 bankruptcy case, you may be eligible to file for Chapter 13 bankruptcy and get a discharge of your debts.
For more information on that, read my article, Why Your Debt Relief Options Should Include Your Future Plans. You may find that filing a new case under Chapter 13 gets you the results you’re looking for.
Either way, remember that filing for bankruptcy again isn’t impossible. It all depends on your goals, your timing, and your willingness to be flexible to get the relief you need.
Here’s When You Can File For Chapter 7 Bankruptcy Again was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.
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Divorce can result from the stress of dealing with marital debt. Bankruptcy and divorce often go hand-in-hand.
Often one spouse wants to file bankruptcy and the other spouse dissents. Thus, the question is what happens with the debt when the husband files divorce by himself?
Answer: The husband is no longer liable on any of the unsecured debt. Not his separate or the marriage's joint debt. Because California is community property state, his separate debt -- incurred while married -- will be owed by the non-filing wife. It is a rough rule. Now, she will have to be concerned about handling repayment of all the debt.
If the couple is in the process of divorce, the family court judge may have some leeway in taking that fact into consideration when awarding other community property and/or spousal support.
Ken Jorgensen, California Attorneywww.fresnobankruptcylawgroup.com
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