Marion, IL asked in Bankruptcy for Illinois

Q: My wife and I filed Chapter 7 Bankruptcy in August 2019. Can just one spouse file again?

I'm so depressed. My wife and I filed Chapter 7 Bankruptcy in August 2019 because I had to retire at 62 because of a bad back and social security wasn't going to pay my debts. Now I'm 65 and my wife is 73. I personally have credit cards and 2 personal loans. All unsecured. And only in my name. None in my wife's name. She don't believe in getting in debt. I make under $1800.00 a month on social security and a pension. My wife makes around $550.00 a month on social security. With all our bills like rent, groceries, electric ect... we can barely survive each month. Is there anything I can do to ease my stress? Thank you!

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You can file a chapter 13 plan next year (4 years from date of last filing). Unfortunately, neither of you can file chapter 7 again until 2027 (eight years from date of last filing).

Joseph Wrobel
Joseph Wrobel
Answered
  • Bankruptcy Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Chapter 7 is not available to you until August of 2027 since Chapter 7 can only be filed every eight years.

Chapter 13, a consolidation of your debts, may be possible depending upon your budget.

The best thing you can do is contact an experience Bankruptcy attorney in the county in which you reside.

I wish you all the best.

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