considering filing for a second time..m

[graciebeth]

Me and my husband filed chaper 7 in 2001.. then a few months later he was diagnosed with pancreas cancer, he passed away in 2003 and since then its been just me and the 3 kids(current ages 15,14 and 10).. We get SS benefits since my husband died and currently are attempting to get by on that.. I had open heart surgery in 2006, and was just in the hospital in Feb for internal bleeding(im on a blood thinner since the heart surgery) I have tried to work, had a job when i had the heart surgery but was able to get that surgery covered by state insurance(TNCare) but the hospital bills in Feb mostly wont be covered by that, Im up to owing about $25,000 for that out of pocket.

I have credit card debt too, around $12,000 Im thinking and have a van that Im paying on(i would want to keep that tho). Thing is if I go back to work I"ll loose the TNCare and be back to paying for drs bills,meds and bloodwork that I have to do often(at least once a month,usually ever 2weeks) because of being on the blood thinner.. When I was working I wasnt able to improve on anything financially just that I did a better job of maintaining it and keeping things current and we had a little extra but even then I had to budget anything extra and still had to turn to credit cards for things like dentist appts and unplanned car repairs..

So Im thinking I may be better off filing again, I feel like a failure for being back in this situation but I understand Ive had some serious bad things happen in my life that I could not control. Im tired of being so broke that I cant put $20 back in savings,and now with me not working its just going to get worse(after I pay bills I have around $250 to get thru the month on, groceries, gas,dogfood,kids stuf etc and that doesnt last long at all)

Any information on filing twice would be most appreciated. How long do you have to wait to file again?? Im thinking once I get my health back(possible surgry later this month) i may go take some classes at the local technical school here and then be able to find a better job that would hopefully have insurance that would cover me(whole other story as most wont cover you after open heart surgery) but even if there was no insurance Id be making more money and maybe it would be worth it? Im still not sure, but the SS checks will eventually be gone as the kids get older and I do enjoy having a job..

anyway Im glad I found this board and again thank you for any info/advice.

---Grace

[phoenyx]

It really saddens me to hear everything that you've been through. I just filed my own bankruptcy, so although I can't imagine how you must feel having been through everything else, I can identify how being in this situation can make you feel like a failure. However, life hits people very hard sometimes. Sometimes what comes your way is financially insurmountable -- and that's part of the reason why bankruptcy is available.

I definatley recommend speaking with at least one bankruptcy attorney. Most will even provide a free initial consultation. Double check what I'm about to say, and if what I'm about to say is correct you can start planning for your new bankruptcy if you decide to file it.

My understanding is that you cannot file for Chapter 7 if you obtained a Chapter 7 discharge in a case that begun within the past eight years.

So, it sadly sounds like you won't be able to file another Chapter 7 until eight years plus one day from when your 2001 Chapter 7 was filed. For example, if your 2001 Chapter 7 was filed on June 1, 2001, you would be able to file another Chapter 7 on June 2, 2009.

That being said, if there's nothing that your creditors can garnish or levy against in the meantime, having a bunch of debt for a few more months or a year might not be the absolute end of the world -- although it would certainly keep you financially on hold.

One other thing I recommend looking into is your state's food assistance (also known as food stamps.) My wife and I are on them for right now, and it certainly helps. You may or may not be eligible for them, but it would be worth looking into. We get about $300 per month, and don't have any kids.

I'll again recommend speaking with a bankruptcy attorney. If you do wind up filing another Chapter 7 once you are allowed to, what you do between now and them might be very important, like how you handle the debts you have (if you pay on them), and what additional income you seek out.

[graciebeth]

food assistance..

I have a application pending to get back on the TNcare program and for foodstamps, just havent heard anything yet,maybe in the mail today or early next week.. I was getting that before i tried to make things better by working and we were getting around $120 a month, it definatelly helped!

The downfall is that if I work I loose my healthcare and its just a mess, i was making $7 a hour(not bad for around here where jobs are very scarce) but like I said was only maintaining on the monthly and really going slowly deeper in debt with the credit cards because of having to put stuff like car repairs and such on them because I wasnt able to put any savings back.. I want to go back to work, I liked working Im just gun shy right now with the thought of no medical ya know.

Thanks so much for your reply

hugz-Grace

[justplaintired]

You sound like the perfect candidate for BK, but I think you will have to wait it out until your 8yrs has passed. I assume this applies to people who filed under the old law, I am unsure on that one.

I believe with the size of your family you should get more then $120 a month for food stamps. How they could deny you would be beyond me, your exactly why they have these programs. You sound like you have tried to make it, but things keep getting in your way. In Indiana they have a new program for health insurance for people who make under a certain amount and are employed does TN have anything similar?

I totally understand the cc thing. It's so easy to swipe that threw and pay for necessities when you have no cash. Someday you will have all this behind you. Hang in there and I do agree I would contact an attorney and do a free consultation. He/She can tell you a good time to file, how to prepare for it. Even if it's next year, it will give you something to work towards. You can overly prepared by then. $7.00 an hour would definitely put you in line for a CH7 I would think. You could possibly even make a small payment to the attorney you pick so when it's time, you have him paid. He may even have some ideas on how to hold off some of your creditors until that time comes. Just an idea.

Good luck Grace!

[krielly]

I certainly hope someone with more knowledge than I have will chime in here, but I'm not so certain BK is necessary here.

It sounds like the OP is judgement proof. SS income only, no assets, other than a vehicle which she does not own outright. To keep the vehicle, simply continue to pay on it.

What benefit would it be for her to file? She would be paying an attorney to discharge debts which she may be judgement proof on anyhow...............

Somebody please chime in.

thanks
K

[phoenyx]

Thanks for pointing this option out. It's definately something Grace should consider. She could certainly consider herself judgment proof and go that way instead. However, it sounded like she was hoping to obtain a job in the near'ish future, since the Social Security checks will stop when her kids are a bit older and she's hoping her health issues will clear up soon.

Judgment Proof is when a debtor shrugs their shoulders at their creditors, taking the stance that the creditor cannot squeeze blood from a rock. It's when a debtor's income cannot be touched by creditors (as in Social Security), and the debtor has no assets the creditors can go after. "Go ahead and sue me and put my accounts in collections, you still aren't getting anything."

There's a third option that Grace should consider as well. It might be most benefitial for her to consider herself judgment proof for the time being, until it's more emminent to her that she's going to be getting a new source of income. That way, any medical bills accrued between now and then could be discharged as well. However, Grace can't file until some time in 2009 due to a prior discharge, and I certainly hope that her health issues are better by then, so this option might not even come into play.

Grace, a good bankruptcy attorney will be able to talk through the judgment proof scenario with you as well.