[bashful53]

I had to file a bankruptcy, I had a back surgery and the hospital bills were mounting even though I had insurance.

My question is I believe it was a chapter 13? Or 11 not too sure but may I be able to do a chapter 7?

I have already been told that wages are going to be garnished 200 bucks a week and that is $800.00 a month. I can't make it that way I need help badly.

The new bills are still all hospital bills why can't they let you make arangments with them? I tried to and they had me fill out a form of how much rent we pay how much electric how much car ins. How much in food a month and so on, all they were waiting for was the last year of out taxes, I called them 3 times a week telling them that I am still waiting for the IRS to send me my tax information and I let these people know I am still waiting and I haven't forgotten them, then bang came the garnishment. Unbelievable.

The last bankruptcy was done in June of 2004 but can I do a chapter 7 now?:confused:

[slowandeasy]

You would know if it was a chapter 13,because it's a repayment plan set up by the bk court.
If it was a chapter 7 you would not have paid back a thing. The bankruptcy laws have changed you have to take a means test to see if you qualify for chapter 7 or 13 If you just filed in 2004 I do not know if you can file again for a while.You may need to conctact a lawyer and see.Maybe our expert on here can give you some advise

[08_777444]

I don't know about your state, but in our state you cannot file for bankruptcy, 7 or 11, more than once in a seven year period. I'm not certain if the laws apply state to state, but most likely you would have to wait three more years before you could file again.

[slowandeasy]

I don't know about your state, but in our state you cannot file for bankruptcy, 7 or 11, more than once in a seven year period. I'm not certain if the laws apply state to state, but most likely you would have to wait three more years before you could file again.

our state is also 7 years and with the new bk laws it may that everywhere

[twinkiedooter]

If you previously filed a Chapter 13 where you were put on some sort of repayment plan and you can't meet that plan any longer, you could file a Chapter 7. Please consult your bankruptcy attorney for your available options at this point. If you are unable to meet the payment plan, you could file again but you can't file another Chapter 13 again.

[bashful53]

thank you all the bankruptcy I filled in 2004 was a 13 then I didn't have to pay anyone back and in Oregon it is 7 years, well then if I can file a chapter 7 that would get mygarnishment stopped right? That is what I am hoping because the creditors that are waiting in line to get us after the garnishment we have going now are waiting I have called and asked told them on a recorder I would pay them a $100.00 a month because now they are getting nothing at all until this first garnishment stops. It is a nitemare. To say the least. Yes I do owe yes I will pay but I was doing all the things they asked me to do such as give them prove of income, proof of rent proof of electric,car insurance, monthly food, garbage, water etc... I sent this all to them so we could mutually make payment arrangements that would work for us both. Well then they wrote me saying they needed proof of out IRS status. I called the IRS and asked them to mail me a copy of our tax return and I was waiting for this, I kept in contact with the collection people saying that I am still waiting for this last item to send. I would call them 3x" a week and then bang I got slapped with a garnishment, they can't collect on it till the first one goes away but I want to make payment plan with them garnishment is to high and woud cause a hardship, they aren't returning my calls at all How ironic they used to call me twice a day and now they don't call at all.could I go to the court that signed the court papers and talk to them? All my conversations are taped and if the court heard that I was keeping in contact that should show them I wasn't ignoring them. I am at my wits end so maybe I can do a chapter 7 that would then make my payments my way and not theirs what do you think? Just keep calling them? Also do they have to refile on me when the first garnishment is over? Because then I would be able to show up in court I didn't get papers that they were filling because I wasn't here and it was to late by the time I got through my mail.

[Fr_Chuck]

Acually the new law ( changed last year) that it is 8 years from a chapter 7 to a chapter 7 it is 8 years now. Also if the first was a chapter 13 and it was paid out at less than 30 percent on the dollar, it is treated as a chapter 7 for time frame

*** I have just help write one up that had to wait to re-file just for this reason