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!
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).
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.