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When Can You File Chapter 7 Bankruptcy After a Prior Discharge

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  • 07-09-2016, 03:02 PM
    JohnAppleseed
    When Can You File Chapter 7 Bankruptcy After a Prior Discharge
    My question involves bankruptcy in the state of: Indiana.
    I filed chapter 7 as a single man in 4/2001, discharged 7/2001.
    My now late wife and I filed 13 in 4/2006, discharged 4/2009 I believe.
    Remarried now and current wife's 13 (from ex husband) was discharged in 4/2016.

    Now we are in a predicament. Medical bills, cc debt, 1st & 2nd mortgage, 2 c a r payments. I lost my job in january and wife lost job late in june. Both in 2016. I receive 1500/month disability while we both continue to look for work. So expenses definitely are higher than income currently.

    1st mortgage 420/month
    2nd mortgage 198/month
    1st car payment 502/month (will be paid off october, 2016) kbb value $18k
    2nd car payment 285/month. Owe $14k, kbb value $14k
    1403 total in these NOT including medical bills, utilities, cc debt, etc

    Would we qualify for chapter 7? Im okay with getting rid of 2nd car payment if this would help.
    I dont believe that we would have the funds to attempt a chapter 13 repayment plan currently. I have some decent job interviews and possibilty for work soon. I believe we should act SOONER THAN LATER.

    Comments or suggestions please?

    Thank you in advance.

    John
  • 07-09-2016, 08:35 PM
    adjusterjack
    Re: Where to Start
    Quote:

    My now late wife and I filed 13 in 4/2006, discharged 4/2009 I believe.
    Make sure of the date of discharge.

    If your first discharge was granted under Chapter 13, you cannot receive a discharge under any Chapter 7 case that is filed within six years from the date that the Chapter 13 was filed. The only exceptions to the six-year waiting period are:
    • if you paid all unsecured creditors in full in the Chapter 13, or
    • if you paid at least 70% of the claims in the Chapter 13 and the plan was proposed in good faith and was your best effort.


    http://www.nolo.com/legal-encycloped...ile-again.html

    Quote:

    Remarried now and current wife's 13 (from ex husband) was discharged in 4/2016.
    I don't know what "from ex husband" has to do with anything but if her name was on the bankruptcy then she isn't going to be eligible for any bankruptcy for a long, long time.

    Consult a bankruptcy attorney.
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