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Ely
Ely, Counselor at Law
Category: Bankruptcy Law
Satisfied Customers: 101059
Experience:  Licensed attorney in private practice.
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My husband and I filed a chapter 7 last year but we filed it

Customer Question

My husband and I filed a chapter 7 last year but we filed it separately because we were separated. We have since decided to stay together but having some financial issues. Most of which are in his name. So we're trying to see if we can file a chapter 13 to get caught up and do we both have to file?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If you file Chapter 13 within four years of filing Chapter 7, you cannot discharge your debts after you complete the 3-5 year Chapter 13 plan.

As such, while this is possible, it may not be practical, as it would do little to minimize the debt since it has not yet been four years.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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