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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38912
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I had a chapter 7 in 2003 before i got married. Married now,

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I had a chapter 7 in 2003 before i got married. Married now, husband lost job 1.5 years ago. we need to file chapter 7. is this possible with mine chapter 7 in march 2003

You cannot file Chapter 7 again until the date of your 2003 filing the bankruptcy petition, but in 2011. Bankr. Code 727(a)(8). Any Chapter 7 filing before that date will be dismissed by the bankruptcy court. You and your husband can file a Chapter 13, however, though this may not be what you're looking for.


Your husband can file a separate Chapter 7, but if you are jointly obligated for any debts, then you will be on the hook for those debts until you are eligible for the next Chapter 7, in 2011.


Hope this helps.


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Customer: replied 7 years ago.

We only have 1 joint credit card, and we own a house jointly. How would that work

it he files now? He has the majority of the credit debt (all open before we married in 2008)

You would be on the hook for the joint credit card, until 2011.


Also, if your house is jointly owned, and it has any equity, then that equity would be liable for his debts, even though you were not filing bankruptcy. If the house has no equity, then it doesn't matter because the lender won't foreclose, as long as you continue to make your payments, and the bankruptcy trusee won't want the property, because it has no cash value for your husband's unsecured creditors.



Customer: replied 7 years ago.

We have missed no payments on the house always on time. I'm a real estate agent in Ohio. The market here in the Dayton area is not good. we bought the house in 2007.

Little if no equity in the house paid $155,900 owe $152,400. Will our lender be involved?

Will he have to reaffirm on the loan or will they make me requalify?

You don't have to reaffirm a mortgage, because it's secured, so if you don't pay, the lender forecloses, whether or not the debt is reaffirmed.


If your payments are current, the lender won't foreclose, because it's being paid.


I don't see the bankruptcy trustee going after your property to get $2,000. The cost of sale would wipe that out.

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