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 cortrightlaw Your Own Question
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
Type Your Bankruptcy Law Question Here...
cortrightlaw is online now
A new question is answered every 9 seconds

I filed a Chapter 7 bankruptcy that was discharged in 2001

This answer was rated:

I filed a Chapter 7 bankruptcy that was discharged in 2001 when I was single again after a divorce. I have since remarried. Due to loss of job because company closed and illness we will need to file bankruptcy. I own one vehicle and the other was just repossessed. When we went to see an attorney and we were told that because I had filed a Chapter 7 bankruptcy that we would have to file a Chapter 13 or get divorced and file a chapter 7 individually. Needless to say we were shocked. Is this true?

cortrightlaw : That does not sound true based upon the facts you have stated. You can file chapter 7 every 8 years so you are well past that. The only other issue is that if the attorney felt your income was to high? That is what normally forces filers into a chapter 13.

So you are saying that we can both still file a Chapter 7 jointly unless a our income is too high and then we would have to file a Chapter 13

cortrightlaw and 2 other Bankruptcy Law Specialists are ready to help you
That is correct, you can look up the median income for your area to roughly determine if you qualify jointly for a chapter 7, your income for the 6 months prior to filing is used to determine your eligibility.