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  1. #1

    Unhappy Filing Chapter 13 Five Years After Chapter 7

    First of all I filed chapter 7 & was discharged just 5 years ago. Since then I have remarried. He bought a house in his name,we have another child, & we have incurred numerous amt. of medical bills. I am no longer able to work and so our income has decreased as well. Now since I can not file a chapter 7, we have been advised to file chapter 13. Now my questions:

    1. Will the court set a payment that will suit our income, taking in consideration that we have a large amt. of living expenses?

    2. I was told that my house and car pmt. wouldn't change. It was the high monthly pmt. on the house that put us where we are today. So is chapter 13 even something we should consider?

    3. Is it possible that he files a ch. 7 (because his name is the only 1 on the house) and I file a 13 (seeing most of the unsecured debt is in my name. ex. medical bills & such). Please Help!!!

  2. #2
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    Default Re: Filing Chapter 13 Five Years After Chapter 7

    The court considers your living expenses when you enter a Chapter 13 plan. Expect the court to make allowances for necessary medical expenses. Don't expect alloances for luxuries.

    Your exemptions for your house and car vary by state, and there are a number of factors that play into whether or not you would want to keep them. If his only significant debt is the home, unless we're talking about a HELOC or second mortgage I don't see how it would benefit him to file Chapter 7. You can discuss the specifics with your bankruptcy lawyer.

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