Married filing 2 different bankruptcies?

Question

my wife filed chapter 7 in 2002. i am looking to file chapter 7 now. i believe the new laws passed in 2005 says she has top wait 8 years. can i file chapter 7 and she file chapter 13 even though we are married?

Answer 1

Contact a qualified bankruptcy attorney in your area, most will see you on a free first consultation. Yes, 8 years to file again for her, and if she filed now it would be a chapter 13. The new laws now, they look at all the income in the household whether married or not, but you don't have to file together, but they look at all the income. Your filing a chapter 7 depends on your income, which now is based on the new laws and the median income, which has been reduced, so they look at your income and it goes by the state you live in. Best advise, call a few bk attorneys and get in to see one...You don't give any $$ amount of income to really help, so it's best you contact an attorney and get the information you need. You can check out this website...great bk advice...www.bcsalliance.com