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Ratings. Guidance. The Right Lawyer.
Can I declare bankruptcy again if I did so in 1997?
Glen Rock, NJ
Viewed 31 times.
Posted 6 months ago in Bankruptcy / Debt
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After my 1997 bankruptcy I restored my credit and paid all of my bills/debts in time. Last year I was diagnosed with cancer, lost my job and my husband refused to help me and we are now seperated. He owns two homes (in his name only) both purchased during marriage. He thinks he isn't liable for my credit card debts. What can I do and what are the consequences?
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Answers (2)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 6 months ago.
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You do not have a need at this point. Go to a family lawyer; sue for divorce AND equitable distribution. Any asset purchased during marriage is a marital asset no matter what your husband thinks. Any liability incurred during a marriage is a marital debt no matter what the husband thinks. You may well qualify for having your husband pay for your lawyer. The first thing you need to do is file a pendente lite motion which requires the husband to keep all insurance in place, and not to liquidate assets. Good luck.
You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful. You might find my legal guide on divorce in general and in NJ helpful. (Much of this information is valid for unmarrieds who have children together). LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information. 
Jeffrey Daniel Larkin
This attorney is licensed in California.
Posted 6 months ago.
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I agree with the advice above but would add that you are eligible to file bankruptcy currently even if you filed in 1997.
LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
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