Filing Chapter 7 Jointly. Please Help!

[Keke14]

Hi all!!

I have a question that I'm hoping I can get some help with. To make a long story short, my new husband and I ran into some financial issues when our son was hospitalized a year ago. He's a disabled veteran and I currently work full time, and despite our efforts to pay past debt while keeping up with current bills so we are considering filing a joint Chapter 7.

The issue is my husband filed and was discharged a Ch 7 in August of 2011. Would he be able to file jointly with me or should we wait until the 8 year mark? I really don't want to file without him and leave him hanging with debt. Thanks in advance.

[despritfreya]

While he certainly can file a Chapter 7 with you, he is not entitled to a Chapter 7 Discharge therefore, joining him on the Petition makes little sense. He is entitled to a Chapter 13 Discharge so if that is the Chapter you wish to file, certainly, he can and probably should join in.

You do not mention what State you are in. If you are in a community property state your filing will include the "community" and you can obtain a "community" discharge. You will want to discuss this with a local attorney.

Des.

[Keke14]

Hi Des! Thanks for the reply. I'm in TX which is a community property state.

[despritfreya]

I'm in TX which is a community property state.

Then you filing alone will protect the marital community. A creditor could sue your hubby but, assuming you get a discharge, could not collect against community assets (assets acquired after you married with a few exceptions). Your husband's exposure would be if he had any sole & separate non-exempt property. In addition, his VA benefits, like SS cannot be garnished if he is not commingling the benefits with other funds.

Your next step is to begin interviewing attorneys.

Des.

[LadyInTheRed]

You say he is your new husband. Keep in mind that debt you incurrred before marriage is not joint debt, so even your husband's separte property is safe from those debts.

Most of my debt was incurred before marriage and my husband had no debt in his name. I filed alone and nobody has ever tried to collect from my husband.