CHAPTETR 13 -- 2YEARS AFTER CHAPTER 7: My story: need advice

[deeperindebt]

Well here I am,back in the same boat.
We were getting by on one salary after the bankruptcy and thankfully, my husband found a job! It did not pay very well, but it was a job. Things were looking up

Two months later, my exhusband managed to get child support vacated.
We have now lost $2000/month net income!!!

At the most recent calculation, we are running at a $1500/month deficit!
I dont know how much longer we can go on like this.

So I understand that we can file Chapter 13 at any time, however , my debts will not be discharged at the end period. So what happens to the remainder then?

Right after our CH7 BK in 2010 we bought 2 cars. Both cars are under water now and the payments are killing me

My debts are as follows:

Car 1 21% interest rate- owe 18K- worth 11K $485/mo- current
Car 2 19% interest rate- owe 15K worth 11k $385/month-current

6 small credit cards total balances add up to less than $5K -1 is current 5 are past due

5 small creditors with balances adding up to $3k- not paying- now in collections

Any suggestions or advice.. Other than start living within my means. I think we finally learned that lesson.. although no one could have anticipated losing $2k/month in child support

[LadyInTheRed]

If you file a Chap 13, you will be able to get creditors off your back while you pay down the debt at a rate you can afford. Interest on the unsecured debt will stop and interest on your car loans may be reduced. If the debt isn't paid off at the end of the plan, the creditors can pursue you for the balance after your case is closed.

If you are $1500 in the hole each month, I'm not sure a Chap 13 will be much help if you can't decrease your expenses or incease your income.

If you were satisfied with the attorney you used for your Chap 7, make an appointment for consultation about your current situation. If you weren't satisfied, find a new attorney to consult with.

[Flamingo]

Just a bit of reality and I don't want to come off to harsh to you but am just telling you what I see and what I feel you should know/hear....First, child support is meant for the expenses of the children and should not be considered as/used for other expenses as it is meant for the child(ren). It is obvious you were counting on that money to cover household/other expenses as you indicate you lost "$2,000 net income" per month and that is causing you to run at a $1,500 deficit. That being said, there must be a very good reason for him not to have to pay any child support and I would fully investigate that with a family law attorney or your attorney who handled your support paperwork/filing.

You cannot file another Chapter 7 until 8 years after the filling of your previous Chapter 7. You really don't have that much debt (approximately $8,000 divided up between 11 creditors which is quite a number of creditors to have only two years after a Chapter 7 filing) - it appears your problem is with the two vehicle loan payments. You don't mention anything as to rent or mortgage payments. You don't mention your household size, income and your rent or mortgage payments.

I would call a BK attorney right away and get a free consultation to find out how you stand and what you can or cannot do as to your situation. It is obvious you will have to investigate why your ex-husband is not required to pay child support anymore. You don't have that much in debt, except for the vehicles. Maybe some others can chime in also here with some suggestions/advice/help for you, but I would definately check as to that child support as your children are entitled to it and also speak with a BK attorney.

Also realize that you will have two bankruptcies showing on your credit report if you file again. Please realize that you probably will not be able to get credit or a loan again for quite a while so some major adjustments in your lifestyle will be needed.

Best of luck to you...credit can be a dangerous thing and all it takes is that loss of income, job loss, etc. to make one realize that they need to change their ways.