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Can a wife file for chapter 7 bankruptcy if the husband filed chapter 7 four years ago

Asked over 3 years ago - Denver, CO

my husband and i are upside down every month. he had to file chapter 7 about 4 years ago because of a business he owned which collapsed. he has been able to rebuild some credit and all vehicles are in his name right now.
we have a home with a second mtg. i am a cosigner on a property that cannot be bought out by the other person right now. i did a quit claim deed a couple of months ago so they could refinance without me (before all of this was happening) but they have to make payments solely for 6months. i have credit card debt. i have just been sued for a credit card that had business debt on it from 4 years ago. i am planning on filing chapter 7 myself to rid us of the past. although we have many medical bills that are my husbands, we dont want to have to file chapter 13.
should i stop making payments on the bills that are only in my name so we can use that money to help with the medical bills? i need to file before my court date for the lawsuit which is in january.
i am set to see an atty in a couple of weeks, just looking for some simple advice before then.

Additional information
I am in a mtg which is 326,000. We are upside down in mtg. We both filed a chapter 13 , to stop foreclouser. We got a mod.in august ,but i was out of work for 6 mo.Mtg. attorney has gotten a remove of stay,an foreclosuer is on 12/11/09.With our income can I file a chapter 7 to save our home? Need help

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Attorney answers (3)

Brian Charles Dault

Reputation Level 6

Answered about 3 years ago. Bankruptcy Attorney in Chandler, AZ.

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One factor that determines whether you qualify for Chapter 7 depends on the average household income for the six months prior to the petition date. Also, the quit claim transfer must be listed on your petition. This can be a factor that affects your bankruptcy if the property has equity above your claimed homestead exemption. It is impossible to determine whether a Chapter 7 or 13 is in your best interest without knowing your income and asset situation.

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Gregory J. Jalbert

Reputation Level 13

Answered over 3 years ago. Chapter 7 Bankruptcy Attorney in Seattle, WA.

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No one can really give you good advise without knowing in detail your finances. Gather together all your bills, your income for the last 6 months and your monthly expenses. Your bankruptcy attorney will need to see these. Be sure to take whatever paperwork you have-and can get- in regards to the quitclaim deed you gave.

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Margery Ellen Golant

Reputation Level 18

Answered almost 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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Your husband's prior filing, if you did not act as co-petitioner, would not impair your ability to file now. However, there is now a Means Test, which determines whether you are allowed to file, which is calculated based on total household income.

Check the web site of the National Association of Consumer Bankruptcy Attorneys at www.nacba.com - they have an "attorney finder" organized by locality.

National Association of Consumer Bankruptcy Attorneys

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