Legal Question in Bankruptcy in Virginia

I filed a chapter 13 ...

I filed a chapter 13 on June 9, 2000. In 2004 I had to convert it to a chapter 7. I married in May 2008. I have been a stay at home wife since being laid-off about 2 months ago. My husband has been paying our bills. He works full time. We don't have any debts with both our names on them. In fact, the debts we do have were accumulated before marriage. A lot of mine is medical because I didn't have insurance. My husband wants to claim bankruptcy. He is considering a chapter 7. His first time. Can he include my debts with his? So we can get a complete fresh start. I can get a job but it would take a long while to catch up since we are at least 2 to 3 month behind on a lot of the bills (mine included). What is your suggestion? Please help. We are desperate.


Asked on 11/17/08, 3:02 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: I filed a chapter 13 ...

No, he can't include your debts unless you file jointly. You are now eligible to file another chapter 7 and get a discharge, however, as it has been over 8 years since your filing date. Your debts will be discharged if you file a joint case. We handle bankruptcy matters throughout Virginia and would be pleased to discuss this matter with you and your husband.

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Answered on 11/17/08, 3:08 pm


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