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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband and I have filed a joint bankruptcy in May. We do

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My husband and I have filed a joint bankruptcy in May. We do not have an attorney because we could not afford one. I thought I had done all the investigating I needed as to how many years it was that I could refile. I looked online and it said it was only 6. I filed in 2004 and my debts were discharged. I have now found out that my debts can't be discharged because I have to wait 8 years. My question is: Is this motion ever overturned so that my debts can be discharged and if not can my husband's debts still be discharged?
Hi JACustomer,
1) Were both cases Chapter 7 Bankruptcies?
2) Are you saying that this is your husband's first Bankruptcy?
Customer: replied 6 years ago.
Yes they were both Chapter 7 bankruptcies and yes it is my husband's first Bankruptcy.
The fact of no discharge in a Chapter 7 Bankruptcy - when a prior one that was discharged was filed within 8 years before the current one - is strictly enforced. There is no way around this very basic rule.
The outcome of the current case will be that instead of issuing Form 18J, which is customarily issued upon the discharge of joint filers, the Bankruptcy court clerk will issue Form 18 instead. Form 18J would have discharged both of you, and Form 18 will show your husband's name only.
In other words, your husband can get a discharge in your joint case, even though you cannot.

I think this is what you wanted to know. If not, please let me know.
Thank you!
Customer: replied 6 years ago.
Will the fact that I filed now affect my chances of filing in the future if I have to? In other words since it's been 8 years since I filed and was discharged would I be eligible to file again when that 8 years is up next year if I need to?
The fact that you filed now will not at all affect your ability to get a discharge in a future Bankruptcy, because the filing of a prior Bankruptcy affects a future Bankruptcy only if the prior Bankruptcy was discharged. Bankruptcy Stat. 727(a)(8).
Customer: replied 6 years ago.
That means that my husband still needs to attend the meeting with the creditors, right? Also, I received a letter today stating the motion for denial of my discharge. It states that the motion is scheduled for a hearing at which time the parties and their counsel shall appear and the court will dispose of the motion. If I don't file a response with the Clerk's office do I or my husband even have to attend this hearing. If we don't will this affect his debt discharge negatively in any way?
Both of you have to attend the Creditors' Meeting.
Your husband does not have to attend the hearing for the Motion to Deny a Discharge, but you should appear - to explain that although your Bankrutpcy was filed prematurely, it was not filed in bad faith, as the reason was that you were mistaken.
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