Legal Question in Bankruptcy in California

A single person cannot file a subsequent chapter 7 until 8 years have passed since the filing date of the first chapter 7. If one files a chapter 13 after a chapter 7, then the 13 would need to be filed 4 years after the ch 7 filing in order to receive a chapter 13 discharge.

If your husband hasn't filed a chapter 7 in 8 years, then he can file a chapter 7 now and the above date restrictions don't apply to him.

You can browse my relevant FAQ if you need further detail: http://www.bankonitsd.com/Bankruptcy_FAQ_general_second.html

As always, I'd advise retaining legal counsel in order to file a bankruptcy. It's a sound investment.

Important disclaimer:

Unilateral written communications may be incomplete or misconstrued. This answer is not legal advice and it is based upon the limited and partial information provided in the question. This answer is general in nature. It is strictly opinion and legal opinions differ and some may be incorrect. This reply does not create legal representation and does not create an attorney-client relationship (or retainer). The information herein should not be relied upon in determining whether or not to take or refrain from any action. Only an attorney that agrees in writing to represent a person is capable of giving legal advice in response to a question. Such a hired or retained attorney is in a unique position wherein he or she can clarify the questions, determine and avoid conflicts of interest and gather all the information necessary to give an informed answer. A retained attorney is in a unique position to follow up on their legal advice and adapt/correct it as circumstances change or new information or knowledge comes to light. All individuals are urged to retain competent legal counsel before filing for bankruptcy. Errors in completing and filing a bankruptcy petition can have disastrous consequences.