Questions

[SPUNKIE]

I Have A Few Questions That I Am Hoping You All Can Help Me With.
My Husband Was Out Of Work Off And On For The Last 2 Years. We Are In Financial Hell From Hospital Bills To Credit Cards To A Car Payment That Is A Month Behind. I Just Received A Court Order That My Wages Are Being Garnished For An Old Hospital Bill. We Are Really Considering Filing Bankruptcy But I Have Some Doubts That I I Will Be Eligible To File.
1. I Filed Chapter 7 In 1995- Can I File Chapter 7 Again?
2. I Have A 401k Plan Through Work And A Loan Out On My 401k Plan, Can I File Bankruptcy If I Have A 401k Plan And A Loan?
3. My Company Provides Us With Life Insurance And I Bought Up On The Life Insurance For $2.00 A Week. Can You File Bankruptcy If You Have A Life Insurance Policy? Will They Make Me Get Rid Of My Life Insurance?
4. I Am Supposed To Get Child Support But I Have Not Received A Check Since Nov 8 2004, Will They Consider The "ordered Support" As Income Even Though I Have Not Received Anything In Over A Year. Plus I Have Only Received About 6 Checks Total In The Last 14years From Him.
Sorry For All Of The Questions But Can You Help?

[StaciMM]

A couple of things ... If you filed in '95 you are eligible, as more than 8 years have passed since your last ch. 7.

The $2/week life insurance is probably not an issue. $104/year won't change anything, when you consider the big picture.

As for the 401k loan, I'm not really sure about that. In general, a good starting point is to schedule consultations with a few BK attorneys in your area. Some things vary by state and so its best to discuss your income, expenses, etc. with a local attorney. You can also read here, and anywhere else you can find, to get an idea of the general process.

[bkfiler]

attorney consultations are free. go to at least 5 of them to find one that fits you.

yes you should have life insurance. when you file BK you will be responsible for another 8 years before you can file a chap 7 again. its a very good idea. more is better and they do allow for it in the expenses.

i would have to say that if you aint getting any child support then it wouldnt be counted. your income is based on an avg of prior months. remeber that you have to account for how things are being paid for.

[katze]

You will be ok with the 401k loan but you will not be able to use the loan payment as an expense.

[Genenco]

I Have A Few Questions That I Am Hoping You All Can Help Me With.
My Husband Was Out Of Work Off And On For The Last 2 Years. We Are In Financial Hell From Hospital Bills To Credit Cards To A Car Payment That Is A Month Behind. I Just Received A Court Order That My Wages Are Being Garnished For An Old Hospital Bill. We Are Really Considering Filing Bankruptcy But I Have Some Doubts That I I Will Be Eligible To File.
1. I Filed Chapter 7 In 1995- Can I File Chapter 7 Again?
2. I Have A 401k Plan Through Work And A Loan Out On My 401k Plan, Can I File Bankruptcy If I Have A 401k Plan And A Loan?
3. My Company Provides Us With Life Insurance And I Bought Up On The Life Insurance For $2.00 A Week. Can You File Bankruptcy If You Have A Life Insurance Policy? Will They Make Me Get Rid Of My Life Insurance?
4. I Am Supposed To Get Child Support But I Have Not Received A Check Since Nov 8 2004, Will They Consider The "ordered Support" As Income Even Though I Have Not Received Anything In Over A Year. Plus I Have Only Received About 6 Checks Total In The Last 14years From Him.
Sorry For All Of The Questions But Can You Help?

I too Bk'ed in 1995..We are both past the minimum dates for waiting.

You cannot use the repayment to the 401K as expenses as one pointed out..Which I find absolutely stupid, but the rule is the rule...

The life INS cost is small and won't arouse eyebrows...

4. The BIGGIE..No, not about BK, but you really need to have the SOB dealt with. There's men, and men, but he ain't NO MAN...

As always, get consults from lawyers...Many are free..If not..look further...

Best wishes and keep coming back...