Hapter 7 half again

[blizzard07]

Hi Feb 2004 my wife file Chapter 7 in New Hampshire, we were married then also but she file by herself

We now live New York and want to file Chapter 7 jointly now.

Can we do it? Or do we have to wait due to time? Does filing jointly trump her eight yesr requirement?


Thank you

[AngelinaCat]

You will have to wait the full eight years. Sorry. Consider that the anniversary is eight years and one day after your wife filed. The reason I say that, is because you will be asked that question at your 341. There are some other threads discussing this subject that are currently active. Here is one:

http://www.bkforum.com/showthread.php?63471-Two-time-loser

[tcreegan]

Hi blizzard,

Does filing jointly trump her eight year requirement? ...unfortunately no

You can file by yourself, but you live in a non-community property state so creditors may be able to go after your spouse for joint debts. "May" is the operative word, ultimately it will depend on NY property laws. Here is where a good local attorney earns their pay...

Good luck with this,

Tom in Colo