7 or 13 Help?

[haveaniceday]

My husband and I filed a Chapter 7 after he lost work post 9/11. We worked very hard to get back on our feet. 2 years later my son got a bone tumor and we had to sell our home to pay for the experimental procedure that saved him.
We rented and bought again a little over a year ago.
We are 6 years post Chapter 7 filing.
I need to leave my husband and take my kids with me. I would like to file again, but believe I can only file a 13.
I am disabled and receive a small amount of Social Security, and I work a part time job with a little extra income, all total, less than $1700 per month. I have 3 kids.
I need out of the mortgage and a car loan, I will just buy a car to make it around town. Otherwise, my debts are less than $5000. We owe more on the home than it is worth and are behind on the payments.
I know I should not be able to file a 7 again for 2 more years, can I file a 13 and convert it to a 7 in 2 years? How will I ever afford payments on a 13?
I have to do this, I just keep hanging in there, but I really need to start over.
Does anyone else just hate money?

[lrprn]

Welcome to BK Forum - glad you found us, but very sorry to hear about all your troubles, HaND

We are 6 years post Chapter 7 filing. I need to leave my husband and take my kids with me. I would like to file again, but believe I can only file a 13.

I I hate to be the bearer of bad news, but as of 2005, Ch 7 can only be filed every eight years now

I am disabled and receive a small amount of Social Security, and I work a part time job with a little extra income, all total, less than $1700 per month.

Unfortunately with your income, I can't see how you can possibly support a Ch 13 Filing Ch 13 helps you reorganize debt, not wipe it out. Unless you have a large amount of unsecured debt, even if you can file Ch 13, I doubt it will help you very much if at all.

However, you appear to be judgment-proof at the moment, so even if you walk away from your husband and the current assets with their payments, the creditors can't get blood from a turnip.

Most bankruptcy lawyers give free or low-cost initial consultations. Please make appointments with 2-3 to discuss your situation and find out whether Ch 13 is even a possibility. No sense wasting time if it's not.

And if you are going to file divorce, be sure to discuss that with the bk lawyers as well. Most will recommend divorcing before filing bankruptcy - much cleaner that way.

Hang in there, HaND - post questions as you have them and hang out here with us if you want even if you aren't able to file. We have many members who can help you sort out how to handle persistent creditors, structure a liveable budget...you name it! Again, welcome!

[BKnTX]

re: 7 or 13 help

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[haveaniceday]

Thanks so much for the replies. I am going to read them again later today when I have more research time, but I have a quick question.
If I file a 13 and surrender my house and car, don't I have to pay the shortage over time?
Our foreclosure has started this week and I actually found an attorney who is fighting it because there were some disclosures not properly filled out at closing. Today he informed me that it was his hope that we could void the mortgage and possibly even have a settlement against the mortgage company and our original attorney, who left in the middle of our closing.
I have to get up the nerve to tell the attorney the marriage is over, this is going to get complicated.
The smart thing for me to do is to stay here, as long as possible, while not paying and try to save to rent a place. My husband refuses to leave and is currently living in the basement.
I don't want to quit my job, my kids are in school and for the first time in 10 years I am doing something for myself. I suffered a traumatic brain injury and am so thrilled to find a job I can do and that I enjoy.
I wish I could just do a 7 and leave...
I really appreciate the help.
Thanks so much.