Bankruptcy Questions

[bryanbaughman]

Hello! I am in need of some advice regarding a Chapter 7 Bankruptcy and a Chapter 13 Bankruptcy.

I filed for Chapter 7 bankruptcy on Feb 2, 2004 in Kansas, my bankruptcy was discharged and all was well.

I got married in Nov 2004 and was in the United States Air Force, I left in Feb of 2005 and was medically discharged. When I returned I started a job in Kansas City. Now my wife is a stay at home mom with our two kids (under age 4) I am the only one working and bring home approximately $ 2,757.00 a month. Now of course this is not nearly enough money to pay everything and my wife and I have fallen seriously behind on everything.

I had a Student Loan with Salie Mae that defaulted and was sent to Pioneer Credit Recovery. I did make payment arrangements with them to repay the loan, but after financial hardship that occurred with the extra payment, I defaulted on that loan. They have since began a garnishment order, and I have applied for Financial hardship and am currently waiting for my telephone hearing to occur.

My question is, since my Chpt. 7 was discharged in 2004, I know the rule is 6 years for me to refile since it was before the rules changed in 2005. Is that correct? Or is there something that is built in for financial hardship proven to the courts?

My wife would be able to file for a Chpt. 7, mostly medical debt but would include a car repo of $14,000.00.

What are the options for someone in my position. What about a Chpt. 13. What would my payments look like, or is there some way I could figure this information out?

Any advice would be greatly appreciated!!

Bryan

[Nicollette]

Hello! I am in need of some advice regarding a Chapter 7 Bankruptcy and a Chapter 13 Bankruptcy.

I filed for Chapter 7 bankruptcy on Feb 2, 2004 in Kansas, my bankruptcy was discharged and all was well.



My question is, since my Chpt. 7 was discharged in 2004, I know the rule is 6 years for me to refile since it was before the rules changed in 200

What are the options for someone in my position. What about a Chpt. 13.

I'm not exactly sure, but I was told there has to be 8 years between two Ch 7 filings, but maybe it is 6 years. Also, it's 4 years between a Ch 7 filing and a Ch 13.

[bryanbaughman]

Well at least I thought if you filled chpt. 7 before the rule change in 2005 you could refile in 6 years. Maybe that is not the case.

[Nicollette]

Well at least I thought if you filled chpt. 7 before the rule change in 2005 you could refile in 6 years. Maybe that is not the case.

It might be the case before the laws changed. I'm not sure. Someone should be along shortly that might know for sure.

[PoorGrammyinBK7]

I am pretty sure the rule change applies to everybody (even before 2005), in which case you could not do a Ch 7 until 2012. But you can file a Ch 13 within 4 years of a Ch7 discharge. I may be wrong - I am sure someone will say so if I am. Hope that helps. And thank you for your service to our country.