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Posted Feb 11th, 2012
I filed a chapter 7 bankruptcy which was discharged in 08, my husband and i want to file joint, do
i have to wait 6 or 8 years to file again?

Additional Details:
i filed the one in 2006 myself and left a lot of bills and things out, is there any way i can appeal
that? Since then i have gotten married, can we file joint chapter 7. I dont know if i have to wait 6
or 8 years.....i really need to file, i know i can file 13 but i dont have enough income for
that. My husband gets nemployment which is about to end and he pays child support. I get
disability and work a part time self employment job, ahich os not guaranteed money , so it is hard
to say if i can afford it or not. Are there any things that we can do now. I owe everything you can
think of, evictions, cars, cell phones, banks, payday loans, utilities and credit cards! Please
help!
Legal Topic Area: Bankruptcy in OH

If I'm understanding your facts correctly, you filed a Chapter 7 case in 2006 and did not receive your discharge until 2008? That is very unusual. Were there objections filed to your discharge? In any event, the only chapter you would be eligible to receive a discharge in now is Chapter 13. Your husband can file by himself and receive a discharge in a Chapter 7, assuming he is otherwise eligible for relief under that Chapter.

As far as appealing the discharge (I assume that's what you mean, although I'm not clear), the time to appeal any judgment is 14 days after entry of the order, so you're obviously way past that time period, and I frankly don't see on what legal or other basis you would have to appeal it.


In most jurisdictions, if it was a No-Asset Chapter 7 case (meaning no assets were administered by the Trustee), then a failure to list debts does not affect their discharge (meaning they were probably discharged anyway). You need to consult with a bankruptcy attorney in the state where your case was filed to be sure.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

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Answered on Feb 12th, 2012 at 4:03pm