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how long do u have to wait?

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louray1018

Junior Member
What is the name of your state? MN

My hubby claimed bankruptcy chapter 13 and then chapter 7 back in 2000 the last was discharged in 2001.

Well anyway he lost his job and we went on Minnesota family investment programme, which meant he had to except a job where ever they offered him one so he ended up working 160 miles away from home. Welll anyway the company hes working for employed him for 46 hours a week, that was his set hours, we were fine financially, we could afford the credit cards, store cards. then work cut his hours back by the 6 a week which meant we lost about $500 a month in income that was actually coming into us, they kept promising the workers their hours would increase again, but as u can guess they never did. Well anyway we ended up taking out a personal loan to cover majority of the cards. But now we cant afford the cards or the loan, after paying out these monthly we pay about $550 out, and after coverin the rest of our mandatory bills and the cards we are left with $294 a month to live of off, that is for gas, food, medical expenses, clothing and so forth. we are running at a huge loss each month with gas just costing us $440 a month. so we started putting gas and food onto cards again, but now those cards are maxed out again, so now we have othing to help us with, so far we have maintained to pay minimum balances up until this month, we just cannot keep up with expenses, plus we have student loans to start to pay later this yr. And no we dont get tax returns they are garnished for child support arrears, and we have been using the student loans to help with everyday living.

So my question is how long do you have to wait before you can refile bankruptcy again in MN?

Thanx in advance

Donna
 


Ozark_Sophist

Senior Member
At some point, financial responsibility is in order. Do you work? If not, start. He can get a second job--even part-time flipping burgers will get you the $500 a month income you claim you need.
 

louray1018

Junior Member
i came here for help not to be slammed

I came here to get an answer to a question, as for financial responsibility, we have tried very very hard, i wasnt with my hubby when he filed for bankruptcy i didnt even know he existed back then, i have an excellent credit score right now and infact his is pretty good, yes we are running at a huge loss every month and as of this month we cannot keep up with it. As for me working no i dont work and my dr. wont let me work right now, i had surgery 4 weeks ago, no i cannot claim disability nor would i want to because i am a perm resident, and i also have an autistic 3 yr old son which also limits any time i have to work and no we DONT claim disability for him either. As for my hubby, yes he is desperatly looking for work, but at the same time he works over nights so its hard for him to get another job, also with the nature of his job he has to be careful because he signed an contract agreement stating this is and would be his only job while he is employed by them.
 

TigerD

Senior Member
I came here to get an answer to a question, as for financial responsibility
And a very significant part of that answer is financial responsibility and education. Without addressing the reasons you are running $500 a month in the red or $6,000 per year -- you will be in the same position in six months.

i have an excellent credit score right now and infact his is pretty good, yes we are running at a huge loss every month and as of this month we cannot keep up with it.
Then you need to 1) make some changes and 2) stop living beyond your means.

As for me working no i dont work and my dr. wont let me work right now, i had surgery 4 weeks ago
Not an excuse -- your posts indicate this problem has been growing for several months and while your health condition has hastened your arrival to this point, you would have reached this point anyway.

no i cannot claim disability nor would i want to because i am a perm resident
I don't understand the relevance of this statement.

and i also have an autistic 3 yr old son which also limits any time i have to work and no we DONT claim disability for him either.
That's just dumb. He has a right to services provided for people in need and as one of the people paying for those services, I am offended that you would prevent your son from receiving them when there are so many people that are unworthy and try to steal them. Take your son into get the service he needs.

As for my hubby, yes he is desperatly looking for work, but at the same time he works over nights so its hard for him to get another job, also with the nature of his job he has to be careful because he signed an contract agreement stating this is and would be his only job while he is employed by them.
Solutions:
1. Move.
2. Hubby quits silly job and takes another.
3. Spend less.

If you are living so close to the line that losing 6 hours of pay a week puts you into bankruptcy -- YOU HAVE A SPENDING PROBLEM.

That said -- he should be able to file -- talk to an attorney.

DC
 

louray1018

Junior Member
your right, we have learned the very hard way

Right now we are currently looking for a legit credit counselling service, his income is actually down $10,000 from the previous yr at the same job, along with health insurance increases from $280 a month to $440. As for moving we cannot afford the rent of big city living, we pay $400 for rent now where as where he works you are looking at $1100 or more. As for quitting the silly job he cant afford to now, its actually the best paying job he has had and we cant afford a lapse in the health care. He trying to swap shifts at work to allow him to work weekend frid-sund so that would give him all week to find a decent paying job and try to work all week with another company until he gets there benefits after probationary period. Trust me i dont need to be told we are living beyond our means, at the time we wasnt, as our payments reflect, credit cards were cleared on a regular basis. As for my health the dr hasnt cleared me for working since i had my son, he wont, and then obviously at 19 months out my son too a major turn in health. As for spending less we are down to a bare minimum, my family in england buy my kids clothes and other things they need and not because we ask, its there way of spoiling the kids they dont see very ofen, we right now are living at bare minimum, there is no other way to cut back, if u think i can cut back on a $30 a week grocery budget that we still cant afford for a family of 4 then please inform me of how. We do not qualify for other state services such as health care, food support because my hubbys income at $32000 for this yr is to high to qualify us for any help and thats with them taking into consideration $7000 for child support. Bankruptcy is a very very last resort, i dont want my excellent credit score ruinned and now my hubby has a good score he doesnt want his wrecked again either. This is just one of the options along with trying to figure out other options we have to get out of this mess we have got ourselves into.
 

bigun

Senior Member
To answer your question, he may file another Chapter 7 8 years from the date he filed the previous Chapter 7. If you can't wait out the remaining time, he is eligible to file a Chapter 13.
 

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