I filed in October of 2001 (before we were married). Due to an extreme drop in his income, by husband is considering filing. We would like to file jointly only because we have a joint debt we would like to discharge as well. I know there are limitations as to how often an individual can file, but would that be the case in a joint bankruptcy (if one person has filed individually within the the last 6 years)? We are in Indiana, if that matters.Can my husband and I file joint bankruptcy if had filed individual bankruptcy on my own just over 6 yrs ago?
No maam, you can not...due to the changes in BK laws. However, the actual debt may be able to be included in his filing. Unlike when you filed, you now have to go through counseling and a few other ';hoops';. As you may know, contact your local BK atty. he/she will meet with you, usually free, and advise of how to proceed.
BTW, ignore the comments you will probably get regarding not managing your finances!! Most of the mid west, along with many other states, are in a time where cut backs, layoffs, plant closings are the norm (I specifically site the mid west, as the auto manufacturer issues). More successful ppl file multiple BK's than anyone even knows about.
Good Luck!Can my husband and I file joint bankruptcy if had filed individual bankruptcy on my own just over 6 yrs ago?
You need to consult an attorney-1st consult is usually free-with a ch. 13, I believe you can but the laws changed recently-I am in Indiana too and my fiancee recently filed a ch. 13.
nope you wont be able to, once every 7 years,, contact a lawyer,
Sounds like you both need to control your spending and start acting like responsable adults. You can do it, but just don't expect to have ANY credit once you come out of it. Seriously though, I would start living within your means and not spending money you don't have.
yeah so u can call the authorities and tell them to cancel it .... and then file the report again ... but from ur situation .. it looks like ur waiting long ... my advice with my answer will be try a different company
Regardless of filing jointly or independantly, you can only file a BK once every 7 yrs. and even then it depends on the circumstances and the type of BK being filed. They've changed the rules recently, so I would recommend checking with local BK attorneys. The joint debt that you have together should be able to be included on his BK since his name is on the account. They may have you sign a document agreeing to allow this account to be filed in the BK, but you can't file jointly with him since you already filed in 2001.
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