Legal Question in Bankruptcy in Ohio

My husband and I had both filed chapter 7 about 4 years ago as a result of previous divorces. We had worked hard to rebuild our credit together, and own a home but I lost my job 8 months ago and can not find new employment, and we have gotten behind on everything.
I read that we can't file chapter 7 again for at least 8 years, but I don't have any income and don't think my husbands income is enough for a chapter 13 plan (we can barely pay the mortgage, utilities, and grocery bill) - we've only survived this long because of last years tax return.
Our creditors are starting to refer our accounts to attorneys, and I'm worried if they start calling my husband's work, it will cost him his job as well.
I've tried working with our creditors, but even with their minimum repayment plans we still have a significant shortfall and can't afford everything - with late charges and interest and penalties we're struggling to keep our heads above water but getting further and further in the hole each day.
What are our options if only one of us is working and we can't afford a chapter 13 plan but have too recently had a chapter 7 discharge? What can someone in our situation do?

Asked on 12/07/09, 1:47 pm

David Michael Benson Benson Law Firm

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There are two things I suggest to clients in your type of situation:

1. Contact your mortgage lender and file an application for a loan modification, and

2. See a bankruptcy attorney to see if you can file a Chapter 13 plan with little or nothing paid to your unsecured creditors.

It may be that you have to consider surrendering something (house or car) in order to make the numbers work, but often there is indeed a solution.

Answered on 12/14/09, 6:47 am

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