ch. 7 pro se, reaffirmation on auto loan with a codebtor. SO many questions!!!

[ValleYum]

The reason that I want to file sooner rather than later is garnishments. At the beginning of last December, I suffered a reduction in hourly pay, and the OT has dried up. As a result, my income has decreased significantly and my ability to keep up with numerous on time payments has greatly diminished. With that being said, I can't afford an attorney, and have to pay the filing fee in installments. Is there a minimum amount that I have to pay at the time of filing, in order to qualify for installment payments?

From NOLO's BK site:

Paying the Fee in Installments

Currently, the filing fee for Chapter 7 bankruptcy is $306. The fee for Chapter 13 bankruptcy is $281. If you cannot pay the entire filing fee at once, you may ask the court to pay the fee in up to four installments. If the court lets you do this, you must complete the installment payments within 120 days after you file the petition, or within 180 days if you get an additional extension of time to pay.

Application Procedure

When you complete the Application, you must list the dates you intend to pay, and the amounts of, each installment. The bankruptcy judge may require that you appear at a hearing on the matter.

If the court approves your application, it will sign an order (this is the second page of Form 3A). Make sure you make the payments according to the schedule. If you don’t, the court may dismiss your case.

If the court denies your application to pay the fee in installments, you’ll have to pay the full fee up front – although the court usually gives you a little time to come up with the money.

http://www.nolo.com/legal-encyclopedia/application-pay-bankruptcy-filing-fee-installments.html

As far as my research can tell, $306 is the Chapter 7 filing fee current as of May 1, 2013.

[faulknertw]

Not as of the time of this post.

[AngelinaCat]

Has the creditor made any moves yet to start garnishment?

[faulknertw]

Yes, I have a judgement in place currently.

[AngelinaCat]

I do understand.

Are any judgments in place yet? If no, and you haven't yet been sued, you have some time...

[faulknertw]

The reason that I want to file sooner rather than later is garnishments. At the beginning of last December, I suffered a reduction in hourly pay, and the OT has dried up. As a result, my income has decreased significantly and my ability to keep up with numerous on time payments has greatly diminished. With that being said, I can't afford an attorney, and have to pay the filing fee in installments. Is there a minimum amount that I have to pay at the time of filing, in order to qualify for installment payments?

[AngelinaCat]

I've read that post now and it was not an old one. But, I don't agree with Des' statement about what is true in most states about the timing of a Chap 13 filed after a previous Chap 7. I won't get into the details here, because it is off topic since this thread is about a Chap 7 following an earlier Chap 7.

I also do not wish to dispute Des, but we are talking on THIS thread, and YOUR situation about a CH7, period-and-end-of-subject!!! :agress:

The current BK laws will NOT allow you to file another CH7 before a full eight (8) years have passed since your last filing. Check your NOLO book. While there are variations with the States and local court rules and districts, the MAIN BK law is what you are reading there, and what we are telling you.

You must allow a full eight (8) years pass, before you file again, or otherwise the trustee WILL ask you why you have filed again. (He/she is likely to anyway, as you were expected to learn your lesson the first time.)

And because you filed in August 2005, I encourage you to wait until September 2, 2013, to file at the very earliest, because having TWO AUGUST dates in your history and most likely WILL cause you problems, simply because the clerks do make mistakes, and typographical errors are all too common.

[AngelinaCat]

Meet chicken and chickener, LOL!

Cluck cluck cluck cocadoodledoo.... LOL

Better to be safe than sorry.... cluck cluck cluck cocadoodledoo!

[LadyInTheRed]

Yes, LIR, the post I was referring to was a 7 to 13.

I've read that post now and it was not an old one. But, I don't agree with Des' statement about what is true in most states about the timing of a Chap 13 filed after a previous Chap 7. I won't get into the details here, because it is off topic since this thread is about a Chap 7 following an earlier Chap 7. But, I will say that I have great respect for Des and would not disagree with him unless I feel pretty confident about it. Des is an attorney. I am not. But, as a paralegal, part of my job is to speak up when I think an attorney gets something wrong. Sometimes I convince the attorney I am right, sometimes I don't. Either way, I always enjoy the debate.

[Pjmax]

Yes, LIR, the post I was referring to was a 7 to 13.

[LadyInTheRed]

I am not an expert on this by any means, but I just saw a post on another forum, and it appears the 4 years between filing may start with discharge, not filing, in some states. The post was answered by Des, so it does have credibility.

I don't know 'which states.'

I suspect that was an old post. In researching this, I did find one mention of a court in Michigan who ruled it was from the discharge date. But, that ruling was overturned by the district court. Also, that post must be about getting a Chap 13 after a previous Chap 7 discharge, which is a different section of the bankruptcy code. That's where 4 years come in. But, it is 4 years from filing.

The Section of the Code about a Chap 7 discharge after a previous Chap 7 discharge is pretty clear:

(a) The court shall grant the debtor a discharge, unless—

(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within 8 years before the date of the filing of the petition;

11 USC § 727

A detailed discussion of time limits between bankruptcy is in the PDF at http://www.abiworld.org/CBIP/cbip-ho...rny_Issues.pdf

I agree that waiting a few days or even until September is a safe thing to do. What's the rush that can't wait another few days?

[ValleYum]

Meet chicken and chickener, LOL!

[AngelinaCat]

And I would still recommend filing on the first possible day in September, which is Monday, Seotember 2.

[ValleYum]

I still would give it one day past 08/05/13.

[faulknertw]

Also LadyInTheRed posted on another thread I have about installment payments, and she said that I have to wait ubtil 8-5-13 before I can file again, based on my original Ch.7 filing on 8-5-05. Anyone know if theres a minimum famount of money that you have to pay on your first payment when filing if I do the installmemt payment's?