Filing for a second time? Should I or am I even able?

[AngelinaCat]

To Everyone On this Thread:

Please go back to your High School English Grammar Classes, and learn to post here with PARAGRAPHS, so that people can read read them.

I will go through and correct these posts in the next couple of days, but I am tired of having to do so.

Also, when I create the paragraph you should have when posting, I may create a misunderstanding because I have made a paragraph, in an area that you did not intend.

Thank You

You are responsible for your own posts.

[TheBajan]

There's one thing here that hasn't been suggested. If I'm correct, you must wait 8 years after your prior chp 7 discharge before you are eligible to file AND RECEIVE a discharge for another chapter 7. That means that you could stop paying your creditors and just wait it out till May of next year and try filing a chp 7. Those of you with more knowledge, please correct me if I'm wrong about this.

Having said that, I personally think you should use the time to really focus on financial discipline. If you don't, you will be right back here again. A chp 13 may be the best thing for you in that it forces you to develop financial discipline in order to succeed.

Best wishes. Welcome and please do keep us posted.

[keepsmiling]

Since you have experience in selling and some feedback already, you could start out by taking stuff on consignment. You may even have an offer for free listings.

I KNOW it's a ton of work, and they've edged out the small sellers etc. But there are now Facebook groups and lots of videos with some great support and suggestions on how to ship for less, what to buy, etc.... and a lot of these small sellers seem to be doing very well. I recently bought a piece of equipment off a middle aged guy who had lost his long time professional job --sound familiar?-- and set up shop in his garage, mostly with sound and other electrical equipment. He's doing quite well apparently. Either sell what you know or learn about other stuff to sell. Hit garage sales on the weekends... you can bring the kiddos along. Or dumpster dive. Or do a free ad on CL that you will take stuff on consighnent. It's just one idea btw. It was the being around for the kids that I was thinking about.

[keepmine]

IF, and I repeat IF, I decided to say "screw it, I'm not paying anyone anymore except my house and car", how does that work? I know they will try and collect from your directly for a while and then sell the debt to a collection agency later. How long do they chase you and how long does that show up on your credit report/score? To me that sounds like the worst option possible, especially because some of my debts are pretty small ie. $200 -$400. But how/why would I choose to pay some but not all of them and still have a really bad credit score for the near future. To me it's either continue trying to work magic (and failing) or stop paying them all. Again, I'm thinking out loud and appreciated everyone's help.

You need to make more of a fight out of it before you play the bk card again.
I know you want to spend time with family but, you also need to support this family. Good luck ever seeing any credit but subprime with 2 bk's showing on your report. That's 20 years with a bk notation in the public records section. Get used to 20% auto loans when that van plays out.
Get you a pt/weekend job. Doesn't need to be forever but, just long enough to get breathing room. What about your wife trying to work pt while you're home with the kids just for the holidays? For sure you don't sign the kids up for anything else until you get your finances under control .Pay off those $200-$400 cards first. That'll give you a little breathing room and a few less payments a month. Next, just pay minimums on all except the one with the highest rate and throw all you can afford every month on that one until paid.Get the medical debt settled and, make some arrangements on the student loan.

Were it me, it would be a bleak Christmas in the keepmine household. Just explain times are tough and you have to have some priorites and they {the kids} need to trust your judgment.

You asked what can happen. They can't garnish wages in Tx. but, they can clean out your bank account. That judgment will just sit there until you accumulate some assets and then, they'll try and collect. IF you and/or your wife ever inherit anything, that judgment creditor will be right there to take it. That's noway to live.

[tiredofdebt1]

Thank you so much for asking this question. I am in the same boat somewhat....I had also filed Ch. 7 and was discharged March 2007. After my discharged I started receiving bills from 3rd party collectors advising I owed the debt to them because it had been sold by the original creditor and because I didn't include the 3rd pary in my BK case...I still owed them. Fast forward to now...I need to payoff everything on my credit report..so I can at least increase my score or be debt free i order to qualify for a Rent to Own home...since I know I will never qualify without renting first.

[keepmine]

Thank you so much for asking this question. I am in the same boat somewhat....I had also filed Ch. 7 and was discharged March 2007. After my discharged I started receiving bills from 3rd party collectors advising I owed the debt to them because it had been sold by the original creditor and because I didn't include the 3rd pary in my BK case...I still owed them. Fast forward to now...I need to payoff everything on my credit report..so I can at least increase my score or be debt free i order to qualify for a Rent to Own home...since I know I will never qualify without renting first.

Please tel me you didn't pay them. Does not matter if they were listed or not. If you listed the OC, that was sufficient.

[bcohen]

Thank you so much for asking this question. I am in the same boat somewhat....I had also filed Ch. 7 and was discharged March 2007. After my discharged I started receiving bills from 3rd party collectors advising I owed the debt to them because it had been sold by the original creditor and because I didn't include the 3rd pary in my BK case...I still owed them. Fast forward to now...I need to payoff everything on my credit report..so I can at least increase my score or be debt free i order to qualify for a Rent to Own home...since I know I will never qualify without renting first.

If these are junk debt buyers (JDB's) who purchased debt which you included in the bankruptcy, you shouldn't pay these people jack schitt! The debt was discharged, even if you didn't know about (or didn't list) the JDB in your bankruptcy. The fact that some company purchased a discharged debt from the original creditor does NOT magically make it a current debt of yours. What you need to do is send these people a letter informing them of the fact that the debt was discharged, their continued attempts to collect (which includes negative credit reporting) are a violation of the permanent discharge injunction, and that should they fail to heed your warning, you won't hesitate to reopen the bankruptcy case and have the judge sanction their company for this flagrant violation of the bankruptcy discharge. Enclose a copy (not the original) of your bankruptcy discharge order.

Most likely they will comply, and delete the accounts from your credit report, and cease further collection activity. If not, you should be able to find an attorney who will take this kind of case at little or no cost to you, since he can collect his fees as part of the judgment against the JDB.

[BKAttyMI]

Didn't read all of the responses, but why not do a Chapter 13 and cram-down the interest rate on the vehicle? Go speak with a qualified bankruptcy attorney.