A spouse being in bankruptcy would not affect the eligibility of the other spouse. You would file your own individual bankruptcy.
Typically, everything that applies to a first bankruptcy applies to a second one. There are cases where the original bankruptcy was dismissed and then, if you become a serial filer, the automatic stay does not last as long. Or, if you file multiple times within one year, it may be that the automatic stay does not come into play at all, but that would be extremely rare.
If you did not receive a discharge in your first case, then there would be no waiting time to be eligible to receive a discharge in the second case. The discharge itself is what triggers the waiting requirement.
The bankruptcy field is a minefield and if you step in any wrong direction, it’s going to have adverse effects on your case. It’s very unlikely that you will be able to navigate through it if you are not well versed in bankruptcy law. Just having gone through it would not give you enough information to be able to successfully complete a second bankruptcy. If you do the wrong thing and you get your case kicked out, then it’s just going to cause you more headaches than it would have if you had gone with a bankruptcy attorney in the first place.
Any time someone has gone through a bankruptcy and then finds themselves in a difficult situation financially, they really need to contact a skilled bankruptcy attorney to discuss what’s going on, so that they can properly advise them. It’s very common that people complete a bankruptcy and then they lose a job and get behind on their mortgage, and they don’t know that they can file again. There is no prohibition against filing a Chapter 13 to catch up with the mortgage in that case.
For more information on Filing A 2nd Bankruptcy When The Spouse Is Already In Bankruptcy, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (937) 247-6447 today.