Expert: Mark J. Markus- California Bankruptcy Attorney - 3/19/2009

Question
I'll try to keep this as short as I can. I am a single parent and have been for 16 years. I live in the state of Florida. I accumulated student loan debt and credit card debt that could not be repaid and I filed Ch 7 bankruptcy in 1995 in Florida. A lawyer filed this for me pro bono because of my low income and his good nature. The judge said the student loan could not be forgiven in the bankruptcy. (I had to quit school after my third year.) I made the mistake of keeping one of my credit cards and getting a few more in desperate financial times. They were high interest credit cards from Capital One Bank. The credit limits were only $500 each but I couldn't make ends meet and I was desperate I guess. Anyhow, these cards, once late once, the balances rose exponentially with the late fees and over the limit charges. I couldn't keep up. These credit cards defaulted and I was sued and I went to court each time and told them I couldn't pay it and they got judgements against me. Those $500 limit Capital One cards ended up having balances in the $3000's each from late fees/over the limit fees. Then court fees on top of that. A law firm -- the one that sued me on Capital One's behalf, Hayt, Hayt and Landau, are now calling me incessantly and want their money for the judgements. They sent me a per to fill out about my assets and income and how I could repay. What can I do? I barely keep a roof over our head on what I make. I have worked 11 years in an elementary school as an instructional assistant and I only make 18,000 a year. It is my only income.  Child support ended when my youngest turned 18, even though he was still in high school at the time. Now he is in his first year of college, living here at home. My question is this. In your opinion, should I file bankruptcy again? I heard somewhere that student loans can be forgiven in bankruptcy for certain reasons. Can you even file bankruptcy more than once? Will the judgements go away if I file bankruptcy? Is bankruptcy the best answer? I am at a loss for what to do. I am very worried. They say they can take my house, garnish my wages -- how much can they feasibly take from someone who makes $18,000 a year? I can barely pay the electric bill. I own one car -- and it is a 1998. The only money I have in thebank is my paycheck which gets spent on bills every month. I have no savings, no IRA's, no investments. Please offer me your advice. Thank you.

Answer
The only way to determine whether bankruptcy is your best option is to have a comprehensive consultation with a bankruptcy attorney in your area.  Yes, you can file bankruptcy again.  I would suggest consulting with a bankruptcy attorney in your area to assess your situation and advise you as to your best options.