Filing Chapter 7 again before my 8 year time requirement?!?!?!?!?

[secondtime]

Here's the deal, I filed Chapter 7 in Oct 2005, and was dismissed in March 2006...now I'm garnished and was looking to file Chapter 13 but I cannot afford the payments (single parent making less than $40K a year with $75K with debt).

My question is there any way I would be eligible to file for Chapter 7 again before my required 8 years? I don't believe I am eligible to file again until Oct of 2013.

Any help or advice you guys can offer would be greatly appreciated as I cannot afford to have $500 plus taken out of my paycheck via garnishment.

[AngelinaCat]

Here's the deal, I filed Chapter 7 in Oct 2005, and was dismissed in March 2006...

Hi secondtime: before we can start, we need to know exactly what you mean by your above quote.

Were you DISCHARGED?

Or were you DISMISSED?

These are two entirely different--and not at all--related things. Your answer to that ONE question, along with some follow-ups, will determine how well the membership will be able to help you.

Thank you.

[SMinGA2]

Like AngelinaCat posted, whether you were dismissed or discharged is an important detail. If you were dismissed then your bankruptcy did not complete and you should be able to file at any time. I'm guessing you mean you were discharged - and if so you will not be able to file again until 10/13.

What types of debts do you have? IF you were to do a ch. 13, would you be able to make a feasible plan to pay less than the amount you are to be garnished? If so, this may be your best option if the $500+ mo garnishment is otherwise inevitable. At least to get you thru another 17 months or so.

What I mean: if there is no 'minimum' amount to be repaid in a 13, and you could make enough room in your budget each month to at least cover the trustee & attorneys fees, you could perhaps set up a 36 plan for ~$100-200 per month. If you have mortgage arrears, or other debts that would need to be satisfied in full in a plan, then your payment would need to be enough to cover them as well. Discussing what types of debt you have may get you better feedback.

[HHM]

As was already pointed out, the key distinction is whether your '05 case was dismissed or discharge.

If dismissed, you can file chapter 7 now, you do not need to wait.
If discharged, (meaning, a successful chapter 7), then you must wait 8 years from the "filing" date. As such, if your '05 chapter 7 was discharged, your only BK option is chapter 13, you are ineligible to file chapter 7 and receive a discharge.

[secondtime]

Sorry for the confusion guys I was DISCHARGED, not dismissed