Need some help

[Momof123]

We had a chapter 7 discharged in Aug of 2005. My dh got laid off this past february and didn't find a job until July, he is making about half of what he made before. Needless to say we have gotten sooo far behind with him being on unemployment and now the major pay cut that there is NO way we can even catch up. The min payments have tripled and I don't see any way we can catch up. I can not believe that I am considering BK AGAIN but I don't see any other way out. I believe it has to be 4 years since your chapter7 discharge to file a 13 correct?? How will this be viewed by the trustee with us filing another BK? Right now we are about to go 60-90 days with most credtiors, we owed around 31K but I am sure that has grown since then with all the late fees and rates jacks. I think the % paid back is calculated by what you make not what you owe correct? I am current on my house and car, can I keep them outside the 13 and just keep paying them? After all our bills we may have about 200-300 of disposable income, will that be even enough for a payback plan?

Thanks

[rrockinggramma]

the bk law for 4 years goes from file date to file date.

the minimum amount to fund a chapter 13 is 100.00

[rfassett]

The issue about filing a 13 following a 7 has more to do with dischargeability. Filing is not an issue, you just can not have any debt discharged until the requisite time has expired. So if you file before the requisite time expiration, you will be an automatic 100%.