Legal Question in Bankruptcy in Virginia

Can I file bankruptcy?

I filed for chapter 7 bankruptcy in 2002 and it was discharged in January 2003. I have since been married. It is now February 2009 and my new wife is planning on filing for bankruptcy. I would like to file with her jointly. I am unsure however if this is an option for chapter 7 since I have already done that 6 years ago. Can I still file with her?


Asked on 2/12/09, 11:02 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Can I file bankruptcy?

Technically, you can file a Chapter 7, but you would not get a discharge so it would do you no good. You can file a dischargeable Chapter 13, as the waiting period from 7 to 13 is shorter, or you can wait until 8 years after you filed your prior case. Feel free to contact us if you would like to go over your options - we practice bankruptcy law throughout Va.

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Answered on 2/12/09, 11:06 am
Jim Bowman James E. Bowman PLLC

Re: Can I file bankruptcy?

Under 11 U.S.C. � 727(a)(8) you must wait 8 years from the date of discharge from your bankruptcy to file again under chapter 7.

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Answered on 2/12/09, 11:12 am


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