I declared BK almost two years ago before I got married. My husband got laid off about 5 months ago and we have really been struggling financially. I don't have any credit cards, loans, etc. in my name....thank god.....I learned my lesson and did not run out and get myself into debt again......yeah! My husband has about three credit cards....not too much debt there. Also, our truck payment is really high and we are struggling to make it each month. We owe a lot more than it is worth! Also, he has a second property (not primary resident) that is starting to get behind. We cannot sell it because it is tied up in a bad trust agreement gone bad.....long story! So, we are seriously looking at bankruptcy. My question is........would there be any problem with him declaring BK since I already declared BK? All the items I mentioned above are in his name and were accumulated before we were married. I just didn't know if he would have any problem doing it since we are married now and I have already gone through BK. Also, I know that even though he purchased the property before we were married that it is now considered my property as well. I can't declare BK on it, but can he still declare BK on it? I hope this makes sense! Any insight you can give, we would really appreciate!
You need to talk to an attorney. Laws vary from state to state, and it may depend on such things as whether or not you're in a community property state. Most attorneys will give a free initial consultation.
You cannot file for bankruptcy for 6 years after your discharge from a Chapter 7. Your husband on the other hand can. However any decision such as this needs to be discussed with a attorney.
