Can a married couple file separate consecutive chapter 7 bankruptcies?

Wondering if a married couple can file separate consecutive chapter 7 bankruptcies
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Answers (2)

Beau Bowin

Beau Bowin

Contributor Level 3
It depends on how close together they are filed and the circumstances inolved. There is a chance the trustee will move to join the cases. You should speak with an experienced bankruptcy attorney in detail before considering this option.
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E. Brian Davis

E. Brian Davis

Contributor Level 7
The short answer is that yes they can (assuming they meet other requirements for filing a Chapter 7).

As my colleague correctly notes, they could be joined for administration if filed closely together in time.

My question is why do they want to file separately - with double filing fees, legal fees, etc.? If the court sees that the debtors are somehow trying to game the system, the court can take remedial action. I would be careful about doing this absent a valid reason that you would not mind discussing with the bankruptcy judge.
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