I am such a loser! :(

[Jenn]

Well, after one chapter 7 in 2002, a 13 in 2005 that would of been discharge last October but was dismissed 2 months before that because we were broke- I am in the same boat but now as a divorcee. One of the main reasons I got a divorce was the finances. I worked all my life supporting my family then I got sick and couldn't depend on him to pick up the slack.

I hate to be a 3 time loser, but I want to file again and get a clean slate. When he moved out I was going to keep living in the same house but it was too costly for me. I learned the hard way how incredibly hard life is with bad credit. I have never been evicted in my life, but NO ONE would rent to me. I ended up in the drug infested part of town on a busy street with my kids. Life really sucks right now and I'm paying wayyyy to much for this hell hole we live in. But, I'm disabled and only have so many options.

Should I be completely ashamed? Should I file again in 2010 to get back on track?

[StartingOver08]

Welcome to the forum!

I am sorry to hear that you are having such difficulty. There are really two parts to a successful bankruptcy, the actual filing and petition and then the rebuilding part afterward. It sounds like you were not able to effectively get on your feet after each of your respective bankruptcies. Maybe the third time will be the charm! What are your specific details so we might be able to help you formulate a plan?

[Jenn]

Just want to know when I can file again and get my life back.

Here are my details:

first chap 7:
Date filed: 04/04/2002 Date of last filing: 12/04/2002 Date discharged: 08/28/2002
Date terminated: 08/28/2002




Chap 13
Date filed: 10/11/2005 Date of last filing: 07/29/2008 Plan confirmed: 01/06/2006
Date terminated: 03/17/2008

[Jenn]

Just noticed, guess I have to change my siggy to update my new hell life! haha

[StartingOver08]

Eight years from your last file date (Oct 11 2005) is when you can file a Ch 7 and get a discharge. So it looks like Oct 11 2013.

I have to check for Ch 13 details. There is a time period in which you can file but not receive a discharge. I will look up the code.

[Jenn]

So I have to wait until April of 2010 then.. ugh... maybe I should start a 13 then convert it. I was never discharged so I think I would of only of had to wait 180 days to refile that.

[StartingOver08]

OK, assuming you are looking for a discharge in the new BK case, this is the Code:

http://www.law.cornell.edu/uscode/11/727.html#a_8

Also this may apply to you:
f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge—
(1) in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter, or
(2) in a case filed under chapter 13 of this title during the 2-year period preceding the date of such order.

http://www.law.cornell.edu/uscode/uscode11/usc_sec_11_00001328----000-.html

[Jenn]

I really do not understand any of the legal jargon.. eh

[Jenn]

Ok, got it- I see where you were pointing at now

[rrockinggramma]

because you did not receive a discharge in your chapter 13, you could refile a chapter 13 now. That might at least get you started in the right direction. You can't file a chapter 7 until after april of 2010

[Flamingo]

Since you filed under the old law (prior to 10/05), the time limit between Chapter 7's was 7 years so you are eligible to file Chapter 7 now. In 10/05, it was changed to 8 years. I believe it is 7 years from the date you filed your Chapter 7 in 2002, not the date discharged. Check with your attorney.