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Filing the "perfect" Ch 13 BK after filing Ch 7


beeboah
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Hi there,

As I was granted a CH7 discharge in 1/2003 (did it all PRO-SE), and as I got back into trouble recently, I am seriously considering filing a chapter 13 BK.

I feel that this might be one of my opportunities to get things sorted out.

If I can actually file for a CH13, I would like to be sure to get two specific things looked at.

1) My direct loans student loan (massive student loan for information technology for which I cannot even get a decent job in my field)

Is this going to be a big bear to discharge and or include in my repayment plan?

2) Vehicle tax owed in another state....(not much maybe $150)

3) Child support and/or arrears (Yes I know forget it) but I do recall reading something about arrears along the line.

Thank you for your advice, time, and consideration.

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I fail to see the "Perfect" in your title after reading the post....I`m no expert...but I`m sure you cannot file at will to please your situation..thats abuse of the bankrupcy code...student loans,alimony,child support,student loans..are generally non exempt ...you should have found this out filing chapter 7 ...I believe you have to wait 6 years till your next filing

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I'm sure all of the states may be different but when I filed a chp 7 in 1998 I know I read somewhere that I could not file a bk in general for 6 years. But if you just filed a chp 7 in 2003 and now here in 2004 you are considering filing a chp 13 then you may want to seek some credit counseling to find out what the problem is with your financial issues so that this may not happen again. Good luck x:-)

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Braxas:

I do believe that you are incorrect.

It is a chapter 7 that I can not file again for a period of 6 years.

I can do a chapter 13 right after. You can fail to see the "perfect" in the subject of my post if you like but I am sure that I will get my Chapter 13 anyways.

Child support arrears, student loans, and taxes are not dischargeable in a Chapter 7, but this is not a chapter 7 is it? The forementioned items are potentially dischargeable in a chapter 13.

123Rich

I am already aware of what my financial problems are and have been in the past. They are personal and don't need to be reviewed here. Credit counseling will not help that.

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Child support arrears, student loans, and taxes are not dischargeable in a Chapter 7, but this is not a chapter 7 is it? The forementioned items are potentially dischargeable in a chapter 13.

The only time student loans are dischargeable are if you can prove undue hardship. I understand it's very difficult to get them discharged. I don't believe that child support is dischargeable in either chapter.

http://www.moranlaw.net/bankruptcy_discharge_compared.htm

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You are correct, child support cannot be discharged in Bankruptcy, but the arrears can be discharged in Chapter 13

Well, you're reading it differently than I. Below are just two web sites addressing the subject. Do a google and dozens come up. I'll take your word for it that in your situation student loans will be easy to obtain a hardship discharge on. Good luck!

From this site

http://www.lawyers.com/lawyers/A-1002084-LDC/BANKRUPTCY+NON-DISCHARABLE+DEBTS.html

Chapter 13 Bankruptcy Debts

In a Chapter 13 bankruptcy, you can’t discharge:

Family support such as child support or alimony

Fines

Student loans

Drunk driving judgments

Your Chapter 13 plan must, however, provide for payment in full of priority taxes and past due support.

And from this site

http://www.doney.net/faq_support.htm#action

Child support and spousal maintenance are not discharged in either Chapter 7, [§§ 727(B), 523(a)(5)] or Chapter 13 [§§ 1328(a)(2), 523(a)(5)]. [3-23-99]

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Neither child support nor the arrears are EVER DISCHARGED, but they CAN be added to the Ch 13 plan and paid thru the plan. If you don't pay them off 100% at the end of the plan period, 3 or 5 years, then you must continue to pay the child support AND the student loans after the 13 is over - they are NOT discharged.

Don't be so sure you can prove hardship to get out of those student loans. You must meet no less than NINE points of the criteria, in full, or you don't get released from the student loans. Your situation must be quite dire and have NO hope of ever being reversed - and you have to PROVE IT.

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