waiting peroid

[jefferson]

I filed a chapter 5 in may of 2003. They made the waiting peroid longer since that time. Now With the economy I am buried under alot of debt.

Will I be forced to do a chapter 13?

My wife didnt file with me. She is elgible for a chapter 7. Can she do a 7 and I do a 13. We have alot of seperate debt.

How long must I wait to do a 7? Is it 8 years from when I filed last or from the discharge date?

I hear they will calculate my income over the last 6 month average income.. Is that true for a 13 and a 7?

[mama2three]

Will I be forced to do a chapter 13?

If you can't wait the 8 years you will have to do a 13. I'm not positive if it is from date of filing or date of discharge, so hopefully somebody can chime in with that info.

My wife didnt file with me. She is elgible for a chapter 7. Can she do a 7 and I do a 13. We have alot of seperate debt.

Yes. You can file separately, however, your joint incomes will be factored into whether she can qualify for a 7. Is your joint income under the median for your state?


I hear they will calculate my income over the last 6 month average income.. Is that true for a 13 and a 7?

This is true for a 13 and a 7. They will average the past six months for the household income, so your wife's income (whatever she contributes to the household) will be included.

[whipster1]

Hmmm what is a chapter 5?

[jefferson]

oops

I meant a chapter 7. Sorry

[debtprison]

If he does do a chapter 13 he should be aware that it will push back his ability to file a chapter 7 at least another 4 years though. So you will have a lot riding on your C13 being successful. Should be considered.