Should My Spouse File Bankruptcy If I Cannot Get A Discharge In A Second Case?

Every case and every debtor is evaluated a little bit differently. There could be a joint petition which is a husband and a wife filing together or an individual petition and whether it be a husband or a wife sometimes the debts are joint debts and sometimes only one spouse is responsible for certain debts and only one spouse would then have to file it depends on the individual situation of the two individuals that we’re evaluating.

I Just Finished A Chapter 13 Case But I Got Behind On Taxes And Child Support. Can I File Another Chapter 13 Bankruptcy?

After seven years from the completion of your Chapter 13 plan you would be able to file another bankruptcy petition but unfortunately under this scenario taxes and child-support would not be dischargeable under either a Chapter 7 plan or a Chapter 13 plan your other debts would be available for discharge or inclusion in a Chapter 13 plan but taxes and child-support payments are generally not included in dischargeable debt.

Will The Automatic Stay Apply In A Second Bankruptcy In White Plains, NY?

Once you file a Chapter 7 bankruptcy an automatic stay takes effect which means no creditors can take any action to collect any of the debts that are listed in your bankruptcy petition. This would be available on the first Chapter 7 bankruptcy filing or a second Chapter 7 bankruptcy filing, there’s really no difference in the automatic stay would take effect in both cases.

What If You Didn’t Receive a Discharge In Your First Bankruptcy Case In White Plains, NY?

If you didn’t receive a bankruptcy discharge from your first case it depends on how the first bankruptcy was terminated. Was it dismissed by a motion, was it dismissed by the trustee or the Court was there some objections or was the petition just withdrawn by the debtor it depends on how that first case was terminated to be able to determine if you can immediately file a second bankruptcy petition.

Can I File A Second Bankruptcy On My Own If I Successfully Completed My First In White Plains, NY?

Filing a bankruptcy petition is a very serious decision and it requires a lot of knowledge about what needs to be filed, when things need to be filed, what documents need to be provided to the trustee, what motions need to be made or defended. These are all issues that really require a professional that has the knowledge and experience in this area of law. I would not recommend anyone filing a bankruptcy petition on their own.

For more information on Filing Of Spouse’s Bankruptcy In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.

Glen A. Kurtis, P.C.

Call Now For A Free Case Evaluation
(914) 230-0040

Related Articles