Question..Refile of Ch 7?

[dee76]

Hello, I'm hoping someone could help me with a few questions I have.

Here's a little background...
I had a Ch 7 discharge in November 2002 with my ex-husband. Unfortunately, in the past year I've gone through a divorce, leaving me with debt that I can't afford to pay back. I was hoping I would never have to file again, however, I'm a single mother, pay spousal support and don't receive hardly anything for child support when I do receive something.

Can I file for Ch 7 again? If so, when can I do it? Where can I find additional info that details what the requirements are for a person in California who wants to file for CH 7? Can I discharge spousal support?

Any information would be truly appreciated.
Thanks!

[amd25]

My sister in law filed a chapter 7 about 5 years ago and she's currently filing a chapter 13 because of a similar situation. To my knowledge, you can't file a chapter 7 again until it's been 8 years, but I believe you can file a ch 13.

[FreshLikeADaisy]

Amd, you're right about not being able to refile a Chapter 7 before eight years from the last Chapter 7 filing have expired. The new law prevents you from receiving a Chapter 13 discharge within four years of filing a Chapter 7 in which a discharge was granted.

It is my understanding that spousal support is considered non-dischargeable debt in both chapters, but I am not completely sure.

Good luck!!!