Legal Question in Bankruptcy in New Jersey

Filing Bankruptcy A Second Time

My ex-husband and I filed bankruptcy about 2 years ago. It's been discharged. After my husband and I divorced, we were married at the time we filed bankruptcy, our house went into forclosure which was auctioned off today. There is an outstanding home equity loan of I think $30,000. The loan is in both of our names. There is no way I can financially pay this loan off. Is there a way for me to file bankruptcy on myself even though my ex-husband and I filed jointly?? We had filed Chapter 7. I know my credit is pretty much destroyed but I just want to somehow take care of this loan but I'm at my wits end. My ex-husband will not help at all. I was also concerned about having my wages garnished. I don't make a huge salary as it is, I have bills to pay.


Asked on 6/06/01, 9:11 pm

1 Answer from Attorneys
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Filing Bankruptcy A Second Time

Currently, under the bankruptcy code, an individual may file for relief under chapter 7 once every 6 years. There is no such limitation, however, in regard to filing for relief under chapter 13. Therefore, you might want to explore whether you qualify for chapter 13 relief, i.e., have a regular source of income, are under the maximum secured and unsecured debt limits, etc. Under a confirmed chapter 13 plan, you might end up paying back over time only a small portion of your debt, with the rest being discharged.

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Answered on 6/27/01, 2:22 pm


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