Can I File for Bankruptcy with My Spouse if I Filed Individually in the Past?
Are you and your spouse currently considering a joint bankruptcy filing in Florida, either under Chapter 7 or Chapter 13? If so, you will need to determine your eligibility to file for bankruptcy, including passing the means test if you want to file for Chapter 7. Yet if either you or your spouse previously filed for bankruptcy in the past, another issue you will need to consider in terms of eligibility is whether you can file again. There are specific rules in US bankruptcy law concerning multiple bankruptcy filings and how much time must pass from a specific type of discharge before a party can file for bankruptcy again. Our West Palm Beach bankruptcy attorneys can explain in more detail.
Eligibility Will Depend on Whether You Filed for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, and Which Type of Bankruptcy You Plan to File with Your Spouse
Whether or not you can file for bankruptcy with your spouse after previously filing in the past will depend on two separate factors:
- What type of bankruptcy you filed for previously (Chapter 7 or Chapter 13); and
- What type of bankruptcy you and your spouse plan to file for now.
There are different timelines, or waiting periods, for each of the four possibilities, which we will explain in more detail below.
Waiting Periods to Consider
The waiting period for filing for a new bankruptcy case after previously filing and receiving a discharge will be one of the following:
- You previously filed for Chapter 7 and now want to file for Chapter 7 again: 8 years;
- You previously filed for Chapter 13 and now want to file for Chapter 13 again: 2 years;
- You previously filed for Chapter 7 and now want to file for Chapter 13: 4 years; or
- You previously filed for Chapter 13 and now want to file for Chapter 7: 6 years.
The clock starts on the date you filed your original bankruptcy case.
All of the above assume that you received a discharge in your bankruptcy case. If your bankruptcy case was dismissed, you can usually file again after 180 days, although it will be important to work with a lawyer to ensure that the bankruptcy court did not enter an order preventing you from filing again. If you previously filed and had your discharge denied, you will not be able to have those debts discharged in the joint case you want to file with your spouse.
Contact a West Palm Beach Bankruptcy Lawyer Today
If you and your spouse are currently considering a joint bankruptcy filing and you have any questions about eligibility, it is important to seek advice from one of the experienced West Palm Beach bankruptcy lawyers at Kelley, Fulton, Kaplan & Eller. An attorney at our firm can answer any questions you have and provide you with more information about the types of individual bankruptcy options in South Florida. Once you are ready to file, we will assist you from the start of your case through to your discharge. Contact us today to learn more about how we can help.
Source:
law.cornell.edu/uscode/text/11
