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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17237
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Heres my question.... I filed Chapter 7 and had it discharged

Resolved Question:

Heres my question.... I filed Chapter 7 and had it discharged in 2005. Since then I got married and my husband and I accumulated debt that we cant pay now due to his being layed off this past month. I am aware that I cant file again, but if he files will all the debt fall back on me? And also we were sued in civil court for damages on a rental, we settled and now we cant afford the $500 monthly payments totaling $3000. If we miss a payment which we have they can take us back to court for the original amount $6000 and win. Should we wait until they order that judgement? And if so, and it is included in the bankruptcy, can they come after me and file a judgement? i am so confused and need help!
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 7 years ago.
After the bankruptcy is filed, all community property acquired is protected by the discharge. What that means is that even if only one spouse files for bankruptcy, the community property after a bankruptcy is not liable for the debts that existed when the bankruptcy was originally filed. 11 U.S.C. 524(a)(3). The federal law makes it dischargerable against you,. I would not wait for a judgment.

Edited by WALLSTREETESQ on 6/6/2010 at 5:58 AM EST
Customer: replied 7 years ago.
So how would that debt be included in the bankruptcy?? Right now it is a settlement and they have not served us any papers to come back to court. we are afraid they can come after us later for it? We want to be able to include it so that we are done with these people. And also is it hard to keep your cars that are financed with no equity? They are just in my husbands name who would be filing.
Expert:  WALLSTREETESQ replied 7 years ago.
you would list the landlord, and the civil court case and settlement, that would cover that debt, also if the cars have no equity, the court would allow him to keep one or two cars, if he can show he can afford the payments.
Customer: replied 7 years ago.
with this type of case would you reccommend hiring an attorney or would it be possible to file ourselves?
Expert:  WALLSTREETESQ replied 7 years ago.
you can do it yourself, use a paralegal service to complete the papers.
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