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How many years a person must wait to apply bankruptcy again?

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My husband applied BK in 2000 before we got married. After Katrina I lost my job as a result of the storm, his job is low income but worst of all he suffered a heart attack and had a quadruple bypass two and half weeks after the health insurance from my place of work stopped. Now, after $150,000 worth of Medical bills we are considering BK.

We live in Mississippi. I went to see a lawyer and the legal assistance said that we must wait '8' years since he declared BK in 2000. After researching in the Internet I read in two different sites that the wait is 6 years! Could it be different in Mississippi? since every state differs. I sure would appreciate it if someone could let me know if you know, or a link that would let me know. Thanks for you time.

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Here is a helpful article regarding bankruptcy laws:

http://moneycentral.msn.com/content/Banking/bankruptcyguide/P77617.asp

It is true that since the new BK laws went into effect late last year the time period which must elapse between filings has gone up from six years to eight years.

LadynRed is the resident personal bankruptcy law expert on the CIC and I know she'll be more than willing to answer any of your questions.

You have my sympathy with your situation with medical bills. Something really must be done about our health system. The #1 reason people file for personal bankruptcy are medical bills and not consumer debt.

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The wait for a Ch 7 is 8 years now. However, the waiting period for a Ch 13 is only 4 years, so he could file Ch 13 now. He may have to pay back some percentage of the 150K, but based on disposable income, you would only pay a small percentage of that over 3-5 years.

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Thank you for responding. Could I ask you one more question. In MS after declaring Chap 13, can a person declare BK a year or 2 later on the same debts?

I doubt it, but since I don't know for sure I thought I better ask. Thanks again:)

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Bk law is Federal, that means it covers all states. If you had a discharged Ch7 or 13 in 2000, per the new law the waiting period to file Ch13 is 4 years.

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