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johngibson15219
johngibson15219, Attorney
Category: Bankruptcy Law
Satisfied Customers: 159
Experience:  Admitted to Pennsylvania Bar 1980. I'm familiar with the new law.
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Chapter 7

Customer Question

My wife and her ex filed for Chp 7 seven years ago and was discharged on Jan 10, 2002. I now need to file and the only thing preventing me is the eight year rule. Is there a way around this so my wife and I can file the chp 7? All the debt is in my name.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  johngibson15219 replied 8 years ago.
If you were not a party to the 2002 case and all of the present debt is in your name alone, I don't see any problem with your filing a Petition. Anytone filing a Bankruptcy should consult with an attorney in their locality, though, because Bankruptcy is complicated and you want to make sure that filing is in your best interest.
Customer: replied 8 years ago.
this advice is no better than a google search. Tells me nothing about where we stand.
Expert:  johngibson15219 replied 8 years ago.
I see what you are saying. I should have been clearer. You can file a Bankruptcy in your name alone despite that your wife filed one earlier with her former husband. You would not be able to file a joint bankruptcy with her however because of the 8 year bar.