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    Buying car before bankruptcy ...

    DH and i are preplanning our Chapter 7 Bankruptcy. We are under median income by quite a bit. This is our first month we have stopped using our credit cards and I didn't make my payments on them either. We have never been late - EVER up until this last month (Oct). We also have 2 cars. Both we are making payments on and will continue to make payments on through this process because our family needs 2 cars.

    Car number One worth about $1300 and we owe about $1100 on it. BUT in the past month or so it is falling apart on us. The drivers door won't open and now the outside door handle has come completely off. The drivers side window will not roll down. And today the check engine light came on and it is not come back on. Not to mention last month with the money I saved on not paying the credit cards I replaced the brakes and shocks. Our payments on this are $255/month at 7% intrest. We will have it payed off here in the next few months but it obviously needs quite a bit of work.

    Car number two is worth about $11000 and I owe $13-$14K I think. I love this car and we just put in $1000 worth of mechanical work about a month or so ago as well. Payment on this car are $355/month at 8% intrest. Still have awhile to go to pay it off.

    So going through this bankruptcy preplanning I was planning on keeping and paying both cars on time every month. But now I am questions Car Number 1. I can't afford to keep fixing this car up !! I am about to give myself a panic attack over it.

    Can I buy a new car right before a bankruptcy with the intent to keep on paying for it. Is that considered fraud ? Is this even a wise idea ? Anybody have any suggestions or could point me in the right direction. Maybe you are seeing a path I haven't seen yet ?

    Sorry for all the questions but just reading through what everyone is going through has already been such a big help for me.

    #2
    No one here can tell you what any given Trustee will or won't object to in any given case. Attnys in your area know what the Trustees will and won't question.

    If you had a paid for car you traded in and took on a payment, that would be taking on new debt on the eve of filing BK. That most certainly would raise some eyebrows with the Trustee.

    But you're currently making payments on an older car that's costing you extra money for repairs. A trade in that situation sounds fairly reasonable. Be prepared to show repair receipts as proof of your explanation for the trade.

    On the other hand, going Ch 7, you could ask attnys you consult with about a 722 Redemption Loan. We've gotten several offers from several different Lenders. 722 refers to the Section of the Code that allows you to finance a car thru your attny, with the Trustee's permission during the BK process.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      We had the same problem, except we only had one car. We probably spent $1000 on repairs in the 6 months before we filed! We decided to surrender the car in our bankruptcy, and AFTER we filed our attorney told us we could purchase another car since we surrendered the only one we had. (Ask your attorney - this may depend on a lot of things.) We got a good deal on a newer, more reliable car, which is wonderful. I don't think it would have worked if we had bought the new car within the 90-day window before we filed.

      As I said, talk to an attorney, but don't make any major purchases if you're planning to file soon unless you've been advised that it's okay.
      Filed Chapter 7: 9/29/06
      341 Meeting: 11/01/06
      Last Day for Objections: 1/01/07
      Discharged and closed: 1/03/07

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