procedure for filing for bankruptcy protection, chapter 7, chapter 13

Under the bankruptcy code, you can qualify for a discharge under Chapter 7 only once every eight years. Therefore, you may be better served by a Chapter 13. That assumes, however, that you have a current source of income. Without current income, you would not qualify for Chapter 13 either.

While it is correct that you need a "source of income" to qualify for a Chapter 13 plan to be confirmed, that "source" can be anything as long as it is a steady, identifiable source of income, which your government payments to return to school may qualify as. Contact a bankruptcy attorney who can look at the income source and determine whether it would qualify or not.

You cannot receive a discharge in 13 unless your 7 was discharge four or more years ago. So, if it was in 2004, you should be ok. If it was in 2005, there may be a problem. You may want to wait until the four year anniversary date before filing.

Disclaimer: I am not offering legal advice. I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer.