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Chapter 13 Confusion

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Junior Member
What is the name of your state?undefinedWhat is the name of your state? California

I'm new to this site, so please forgive my partial ignorace to the law.

I'll try to make a long story short. I filed Chp. 7 in October 01; it was D/C in Jan. 02. After that time I was able to get financing for a used car. I moved into a apartment and that's where things go bad. I was in a very abusive relationship and I literally "left like a thief in the night" in late in Jan 03. No family support to speak of. I got deep in debt with just basic utilities and credit cards to buy groceries, the bills spiraled out of control. I tried to pay them as best I could with the money that was left after rent, daycare, car note, car insurance, but it was not enough. In Nov. of 03 i got into a major car accident which according to the police report,"neither party was at fault," and my car was totalled; the worst is that my insurance had lapsed (my fault totally--it was either the car insurance or health benefits that month). so now, on top of the other "debt" I had before the accident, I now owe $14,000 to the auto finance company. I'm just getting back to work after being on disability since Jan 05 and I just cannot get from under all of this debt. The call from creditors and the letters and now a judgment for $1300 on another bad debt has been attached to my pay have caused me to have serious anxiety attacks that hospitalize me. I have a pretty good job. I bring home about $1200 every other week after taxes, but daycare and school alone for 2 kids costs me $1,011 alone!

I need some serious advice. I've contacted many CCC services, and they all charge huge fees to enroll and I'm skeptical that they can really be of service to someone in my situation. Can I file Chp. 13 so soon after filing Chp. 7? I want to be a responsible person and pay on what I owe, but I need HELP in a major way! Will Chp. 13 stop creditors from suing me? Can it take into account the judgment that was just entered against me????


Senior Member
If you're going to file BK, do it SOON. The new law kicks in on 10/17 and it will be a nasty Ch 13 indeed if you wait and file under the new law. If you can get filed NOW, it won't be easy, but it won't be slavery either.


Junior Member
Thank you very much, ladynred & bigun. I will contact an attorney right away for a consultation!! I'm just really down on myself for allowing things to spiral so far out of control, ya' know? But I do plan to get some serious financial counseling.....with 2 kids, I NEED to show them how to be responsible with credit and money matters while they are still young.

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