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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I filed a Chapter 7 bankruptcy that was discharged in 2001

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I filed a Chapter 7 bankruptcy that was discharged in 2001 when I was single again after a divorce. I have since remarried. Due to loss of job because company closed and illness we will need to file bankruptcy. I own one vehicle and the other was just repossessed. When we went to see an attorney and we were told that because I had filed a Chapter 7 bankruptcy that we would have to file a Chapter 13 or get divorced and file a chapter 7 individually. Needless to say we were shocked. Is this true?

cortrightlaw : That does not sound true based upon the facts you have stated. You can file chapter 7 every 8 years so you are well past that. The only other issue is that if the attorney felt your income was to high? That is what normally forces filers into a chapter 13.

So you are saying that we can both still file a Chapter 7 jointly unless a our income is too high and then we would have to file a Chapter 13

cortrightlaw and other Bankruptcy Law Specialists are ready to help you
That is correct, you can look up the median income for your area to roughly determine if you qualify jointly for a chapter 7, your income for the 6 months prior to filing is used to determine your eligibility.