Long story short. I filed chapter 7 in 10/05 and I think it went through in 2/06. At that time I lost my job, sold everything I owed and cashed out my 401k and still had to. Now I am married and we are in a bad spot due to lack of decent paying jobs and student loans. I know they aren't dis chargeable unless doing a adversary proceeding. And we have several credit card and medical bills. Would we qualify for a bankruptcy? Either a 7 or 13?
Yes, you would qualify now for a Ch13 AND you would be entitled to a discharge after you had paid what you can afford for 3 yrs (assuming your joint income is under the median for your family size).
If you can wait until October, you can file another Ch7. If you can't wait, file the Ch13 now and dismiss it and refile in October.
Family Law Attorney
A Chap. 7 can be filed every 8 years, so if you're correct on your filing date, then you cannot file a Chap. 7 until October. You can file a Chap. 13, but that's a debt repayment bankruptcy, which is wildly unpopular. You are correct that your SL's aren't dischargeable (unless you're totally unable to EVER pay a dime on them, which isn't the case).
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Lawsuit / Dispute Attorney
After you receive a discharge in a previous Chapter 7 bankruptcy case, you must wait 8 years before you can receive another Chapter 7 discharge; and 6 years to receive a Chapter 13 discharge. If you received a discharge in a previous Chapter 13 bankruptcy case, you must wait 4 years before you can receive a Chapter 7 discharge; and 2 years to receive another Chapter 13 discharge.
Family Law Attorney
You can file a Ch.7 every 8 years, so you will need to wait until this November to file again. A Ch.13 requires "excess income" in order to fund the Plan. When you meet with a BK attorney he/she will review your information to determine if you qualify for a Ch.13. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.