Warren & Migliaccio, L.L.P.

Dallas Family, Bankruptcy and Personal Injury Lawyers

Call For A Free Consultation (888) 550-6702
  • Home
  • Meet Us
    • Client Testimonials
    • Meet Gary
    • Meet Christopher
    • Jonathan Frederick
    • Dan Varkey
  • Bankruptcy
    • Debt Resolution
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Benefits of Bankruptcy
      • Stop Creditor Harrassment
      • Keep Your Property
      • Stop Foreclosure
      • Eliminate Credit Card Debt
      • Repair Your Credit Score
    • Bankruptcy Myths Debunked
    • Creditor Harassment
    • Tax Debt
    • Wage Garnishment
    • Bankruptcy Video Center
    • Why Meet with Chris?
    • FREE Bankruptcy E-Book
  • Debt Lawsuit Defense
    • Being Sued by Debt Collector? What you need to Know.
    • What to do when you are being sued by Credit Card Company
    • Is it possible to be Judgment Proof?
  • Divorce and Family Law
    • Divorce Timeline and Roadmap
    • Child Custody
      • Types of Child Custody Orders in Texas
      • Child Support Modifications & Enforcements
      • Child Support: The Details You Should Know
    • Contested Divorce
    • Spousal Maintenance and Support
    • FREE Divorce E-Book
    • Military Divorce
    • Estate Planning
      • Last Wills and Testaments
  • Tips and Advice
    • FAQs
    • Articles
    • Blog
    • Get Tax Transcripts or Tax Returns
    • Get Your Free Credit Report
    • How to create a Skype Account for Virtual Video Meetings
    • Estate Planning Packet
  • Next Step
    • Make a Payment
    • Richardson Office
    • Dallas Office

Filing a Joint Bankruptcy after Having Previously Filed

Post by Christopher Migliaccio

You can file a joint bankruptcy or file for bankruptcy on your own even if you have previously received a discharge, provided that you meet the time limitations laid out in the Bankruptcy Code. In order to qualify for a joint bankruptcy discharge, neither you nor your spouse can have a discharge on your records within the allotted time periods discussed below.

Duration in between bankruptcy discharges: 

  • eight years after a previous Chapter 7 to file another Chapter 7;
  • four years after a Chapter 7 to file a Chapter 13 bankruptcy; and
  • six years after filing a Chapter 13 to file either a Chapter 7 or another Chapter 13. 

Your spouse will have to meet these guidelines, too, if you want to file a new bankruptcy jointly. For example, if your last bankruptcy was more than eight years ago, but your spouse filed for bankruptcy less than eight years ago, you will not be able to file a joint Chapter 7 bankruptcy you will either have to wait to the eight-year mark to file together; or file for bankruptcy on your own.

Filing Jointly vs Solo

The law gives you the option of filing for bankruptcy jointly with your spouse or on your own. If you fill jointly, all or both your and your spouse’s debts, assets, income, etc. will be accounted for in the case.

If you decide to file on your own, only your debts can be discharged, not your spouse’s. However, your spouse’s assets will be protected and your bankruptcy will not affect his or her credit report.

There are pros and cons to filing jointly, and a lot of things to take into consideration before filing. If you have a lot of joint debt, filing jointly is likely the best option. However, if most of the debt is in your name and your spouse doesn’t need to file, it may be best to file solo. Speak with a local bankruptcy attorney to determine which option best suits your situation.

Property Exemptions when Filing a Joint Bankruptcy

If you file a joint bankruptcy, all communal property and all your personal property becomes part of the bankruptcy and may be liquidated. You are allowed a certain amount of exemptions, though. Exemptions are assets that you are allowed to keep that will not be subject to repossession; they are safe from creditors.

If you’re in Texas, you can choose the state’s exemptions or federal exemptions, but you cannot pick and choose from each set of exemptions – you must pick one.

Texas allows for exemptions such as: 

  • your house;
  • one car per household member (with driver’s license); and
  • a certain amount of personal property (the figure is based on the number of people in your household). 

If you decide to file a joint bankruptcy, you and your spouse are both allowed the exemptions, which means you can essentially double your exemptions. To determine what property you are allowed to keep or to discuss the best route you should take for debt relief, consult a lawyer in your area.

Our Bankruptcy Attorneys are Here for You

To discuss the specificities of your case and determine how you should move forward with your debt relief, contact our bankruptcy attorneys at Warren & Migliaccio. We serve individuals and couples in Dallas and surrounding areas, so call us today at (888) 584-9614 to schedule your free, no-obligation consultation.

Article Category: Bankruptcy

Get Help Now!

Schedule a Free Consultation

If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

Practice Areas

  • Plano & Richardson, Texas – Bankruptcy Lawyers
  • Chapter 7 Bankruptcy Attorney
  • Chapter 13 Bankruptcy Lawyer
  • Child Custody Attorneys
  • Child Support
  • Dallas Divorce Attorney
  • Family Law
  • Spousal Support
  • Personal Injury

Recent Posts

  • Is Moss Law Firm Suing You? Here’s What You Should Know
  • Your Options If Sued By A Credit Card Company
  • The Statute of Limitations in Debt Lawsuits
  • What To Do When Served A Lawsuit In Texas
  • What is a Writ of Garnishment and How Can You Stop It?

Locations

Richardson/Plano Office
3600 Shire Blvd #205
Richardson, Texas 75082
(972) 684-5051

Dallas Office
10440 N Central Expy #800
Dallas Texas 75231
(214) 974-3965

Follow Us

facebook logo twitter logo youtube logo


More Resources
Blog
Articles
PaymentPortal

[google-reviews-pro place_name='Warren & Migliaccio, L.L.P.' place_id=ChIJuzINMREeTIYR5_8rdpjsVwo rating_snippet=true min_filter=5 view_mode=badge_inner]  

Pick a Topic and Empower Yourself

  • Bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Child Custody
  • Child Support
  • Personal Injury
  • Divorce
  • Divorce & Your Children
  • Family Law
  • Stop Foreclosure
  • Spousal Support
  • Auto Accidents
HomeDisclaimerPrivacy PolicyTerms of UseContact UsSite Map
© 2022 Warren & Migliaccio, L.L.P. All Rights Reserved