How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

My husband and I have filed a joint bankruptcy in May. We do

Resolved Question:

My husband and I have filed a joint bankruptcy in May. We do not have an attorney because we could not afford one. I thought I had done all the investigating I needed as to how many years it was that I could refile. I looked online and it said it was only 6. I filed in 2004 and my debts were discharged. I have now found out that my debts can't be discharged because I have to wait 8 years. My question is: Is this motion ever overturned so that my debts can be discharged and if not can my husband's debts still be discharged?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.
Hi JACustomer,
1) Were both cases Chapter 7 Bankruptcies?
2) Are you saying that this is your husband's first Bankruptcy?
Customer: replied 3 years ago.
Yes they were both Chapter 7 bankruptcies and yes it is my husband's first Bankruptcy.
Expert:  cfortunato replied 3 years ago.
The fact of no discharge in a Chapter 7 Bankruptcy - when a prior one that was discharged was filed within 8 years before the current one - is strictly enforced. There is no way around this very basic rule.
The outcome of the current case will be that instead of issuing Form 18J, which is customarily issued upon the discharge of joint filers, the Bankruptcy court clerk will issue Form 18 instead. Form 18J would have discharged both of you, and Form 18 will show your husband's name only.
In other words, your husband can get a discharge in your joint case, even though you cannot.

I think this is what you wanted to know. If not, please let me know.
Thank you!
Customer: replied 3 years ago.
Will the fact that I filed now affect my chances of filing in the future if I have to? In other words since it's been 8 years since I filed and was discharged would I be eligible to file again when that 8 years is up next year if I need to?
Expert:  cfortunato replied 3 years ago.
The fact that you filed now will not at all affect your ability to get a discharge in a future Bankruptcy, because the filing of a prior Bankruptcy affects a future Bankruptcy only if the prior Bankruptcy was discharged. Bankruptcy Stat. 727(a)(8).
Customer: replied 3 years ago.
That means that my husband still needs to attend the meeting with the creditors, right? Also, I received a letter today stating the motion for denial of my discharge. It states that the motion is scheduled for a hearing at which time the parties and their counsel shall appear and the court will dispose of the motion. If I don't file a response with the Clerk's office do I or my husband even have to attend this hearing. If we don't will this affect his debt discharge negatively in any way?
Expert:  cfortunato replied 3 years ago.
Both of you have to attend the Creditors' Meeting.
Your husband does not have to attend the hearing for the Motion to Deny a Discharge, but you should appear - to explain that although your Bankrutpcy was filed prematurely, it was not filed in bad faith, as the reason was that you were mistaken.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 5 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.