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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38452
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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We filed bankruptcy in Arizona in 2009 finalized in june

Customer Question

We filed bankruptcy in Arizona in 2009 finalized in june 2009, we were doing good than February 2014 everything fell apart, when and can we even file bankruptcy again, this will be my husbands third one if we do. Can just he file bankruptcy being most things are in his name? And I have no income.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.

Hello,

If you want to file another Chapter 7, then you must wait 8 years from the date that the previous Chapter 7 was filed. Bankr. Code 727(a)(8).

If you want to file a Chapter 13, then you must wait 4 years from the date that the previous Chapter 7 was filed. Bankr. Code 1328(f)(1).

Based on your question, you could file a Chapter 13 now, but a Chapter 7 would have to wait until the year 2017.

As far as only one of you filing bankruptcy is concerned, it's legal, but usually not the best plan. I would have to know everything about your financial circumstances, before I could provide a competent answer concerning individual vs. joint bankruptcy. That's not practical to do in this forum -- you would be better to consult with a local bankruptcy lawyer, in a confidential setting.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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