I am unable to make my car payment and have numerous medical bills. My 8yrs will be up in April of 2015. Is there anyway I can go ahead and file? My next car payment is in Dec. I have no job and i'm on disability. How long can I wait and not pay my car. Can I get away without paying it until April rolls around or can I file before April. Thanks.
You are not eligible for a discharge until 8 years elapse. So you can file a chapter 7 but if you file early, you won't get a discharge of your debts. Or you can file Chapter 13 & look for a discharge in 3 - 5 years. Hope this perspective helps.
Since you cannot get a discharge in a chapter 7 filed before 8 years from the last one, filing now makes no sense. Note that if you cannot afford the car you will lose it anyway in a 7, but can eliminate the debt. You can file a 13 now, but I doubt from what you posted that is a great option. While no one can predict how longer a car lender will wait, they can repo a car anytime aftet you miss a payment. Your smart move would be to consult a lawyer now, and if it looks like a 7 will help you in April, you can start saving for it, and assembling records, now.
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You will have to wait to file Ch7 again until 8 years have passed since you filed before. You could file a Ch13, but since you have little income and are behind, I doubt you could afford the plan payments. If you want to keep the car long term, you'll have to find a way to make the payments whether you file Ch7 or not.
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The black letter of the Bankruptcy Code applies to the periods that bar discharge in repeat filings.
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