Legal Question in Bankruptcy in Illinois

My current wife & I have not recovered financially from our divorces in 2010 & we are considering bankruptcy ..my wife filed then with her ex husband..can we still file together? I have never filed


Asked on 1/18/14, 10:01 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

It will be important to analyze your options. Does your wife have new debt of any significance? Also, is she obligated to handle anything remaining from her divorce?

If your wife needs to file and she filed a Chapter 7 case before, she is not eligible for another for 8 years. She can file a Chapter 13 case, but may need to postpone a short time if she needs a discharge from any debt.

Similarly, are any of the debts you aim to discharge debts that were addressed in your divorce?

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for August 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 1/19/14, 10:46 am


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