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Will surrendering throw us in to a CH13?

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    Will surrendering throw us in to a CH13?

    Hello all! We have two vehicles financed with Honda Financial. Both vehicles are worth about what we owe on them.

    #1 2008Honda Accord, owe 23,966 worth about same, pymt $445 3.9%in
    #2 2008Honda Civic, owe 14,367 worth 17,500 pymt $300 6.8%in


    We intended to reaffirm both vehicles when we filed on Dec. 10th. I am aware of the pros and cons of reaffs, my question is we needed two financed vehicles to pass the means test for a 7. If we do not reaff, can that throw us into a 13? We absolutely do not want that. 341 was Jan 12, pacer shows awaiting discharge for Mar 13th, only flag is MEANSO.

    DH job has become so shaky we are just kind of concerned about the debt and having this burden on us shouldsomething happen to his job.

    Lawyers office sent reaff papers in Dec 28th and we have just been sitting on them not sure what to do. They called me Friday and wanted to know where the papers were and the paralegal was kind of a b**ch. Can i call Honda financial myself and try to work something out or would that be a mistake?
    Thanks

    #2
    You can call the BK dept of Honda financial and try to work out a better payment arrangement. You can also surrender and you will not be thrown into a CH 13. Try it.

    I surrendered my car after my 341 when the lender would not work out a reasonable payment plan, and BTW I was current up to and thru the automatic stay period. The attorney filed a new motion of intent to surrender the vehicle about one week before I was discharged.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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