Can a married couple file for joint bankruptcy in washington state if one had already before marriage?

[kirklin]

My husband filed for bankruptcy about two years ago, before we were married. Now we are in a situation where I'm in over my head, and we have some mutual debts, and he now has a judgement against him for an accident that happened almost immediately after his bankruptcy was discharged. We have both tried with everything we have to work with those we owe, and it seems like its impossible to make the payments everyone wants from us. In order to get my drivers license back I have to either file bankruptcy or have an agreed upon payment arrangement, which I can't seem to get. I know Washington law says you can't file chapter 13 until 4 years after filing chapter 7 (which is what he filed), so now that we are married, can we file chapter 13 or 7 jointly two years after he filed chapter 7 single?

[porter]

My husband filed for bankruptcy about two years ago, before we were married. Now we are in a situation where I'm in over my head, and we have some mutual debts, and he now has a judgement against him for an accident that happened almost immediately after his bankruptcy was discharged. We have both tried with everything we have to work with those we owe, and it seems like its impossible to make the payments everyone wants from us. In order to get my drivers license back I have to either file bankruptcy or have an agreed upon payment arrangement, which I can't seem to get. I know Washington law says you can't file chapter 13 until 4 years after filing chapter 7 (which is what he filed), so now that we are married, can we file chapter 13 or 7 jointly two years after he filed chapter 7 single?

Your husband CAN file a Chapter 13 case, he just is not eligible for a discharge - meaning that any money he owes will remain collectible when the case completes. The Chapter 13 will allow him to limit his payments, though, and prevent garnishment.

You can file a Chapter 7 and get a discharge, your husband can't.

You should really discuss your options with an attorney. Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Association of Consumer Bankruptcy Attorneys).

[gedalyahu]

The limit for filing for bankruptcy a second time would definitely apply to him. Here is a law article on the stipulations for filing twice: http://www.harmonlegal.net/articles/filing-for-bankruptcy-a-second-time.aspx But you can still file. I believe you would just not be able to claim your shared debts.

[darrell]

No. But you can still claim bankruptcy individually.

[mads]

No. But you can still claim bankruptcy individually.

Bankruptcy is FEDERAL law.
Your state has nothing to do with it.

On what planet does marriage change the laws of math?

[warton26]

Chapter 13 doesn't wipe out your debts, but what is this judgment your husband has got? A Vehicle accident? Surely his insurance should take care of that, but you say you have some mutual debts and HIS Chapter 7 is only 2 years old!!! WOW! how did he manage to get some credit back again so soon? It took me years before I could get a credit card with a 200 dollar limit on it!
You can still file Chapter 7, but remember if any of your bills are in BOTH your names, only YOU will be given relief!!! But, again, what's this about YOU getting your drivers license back! Sounds like you two have got yourselves in one helluva mess!
You had better go to a bankruptcy attorney, which is going to cost you money, I know each State has different laws, but I have never heard of a person being able to file Chapter 7 twice within 2 years!!
On the judgment, if you two have a joint account at a bank, I would advise you to take the money out before it is seized by the Court. If you have automatic deposits at work, get them stopped ASAP, other wise you will find yourselves penniless!