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Chapter 13 or 7?

Submitted by on Sun, 09/12/2010 - 11:27
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My husband and I cannot seem to manage money well at all. We had a chapter 7 discharged over 7 years ago and I know about the new law and 8 years. My biggest question is, can he be fired from a job for filing bankruptcy? Is there a protection against this when filing? I know if we were to file for chapter 7 again we have to wait until it has been discharged for 8 years. I know 13 is pennies on the dollar but if we can't pay anything extra to out debt, is that even worth trying or will that protect us until we would be eligible to refile for 7?


Question:

"can (husband) be fired from a job for filing bankruptcy?"

Answer:

No. 11 USC 525 prohibits a private employer from doing just that.

Your statement:

"I know if we were to file for chapter 7 again we have to wait until it has been discharged for 8 years."

My correction:

The time period between Chapter 7 filings is 8 years from the petition (filing) date not the discharge date. 11 USC 727(a)(8)

Question:

"I know 13 is pennies on the dollar but if we can't pay anything extra to out debt, is that even worth trying or will that protect us until we would be eligible to refile for 7?"

Answer:

Theoretically you could file a 13 now, stay in it until the 8 years has passed and the dismiss the 13 and then file a new Chapter 7. The problem is two fold:
a) Your Chapter 7 filing could be deemed "in bad faith" and
b) Now you will have 2 (new) bks on your credit report.
________________________

If you will qualify for a 7 a year from now under the NEW laws (either under median income or through means testing) and you have not been sued yet, hold off until the 8th year has passed.

If you are being sued and are about to be garnished AND are under median income (the laws have changed since you did your 7) do a 36 month Chapter 13 now and be done with it. I am sure you can squeak out a budget where you can pay the Trustee a token sum of, say, $75.00 per month for 36 months.

Your next step is to meet with a qualified bk attny.


Submitted by despritfreya on Sun, 09/12/2010 - 12:18

despritfreya

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