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Hired Lawyer But have couple questions

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    Hired Lawyer But have couple questions

    So I hired a lawyer for my Ch7 Today and he told me that he thinks I should hold onto my car through the bk and continue payments but not reafirm it then after I get discharded stop paying on it and let the bank take it back. He said if I let the creditor take it back during the process of filing that the trustee may convert me to a Ch13. I know that lawyers know the rules and stuff but I don't understand what the difference would be if they took it now as opposed to later. With my rent and expenses I don't really have enough to keep paying the payments. Just wondering what you all think. Appreciate the thoughts on this matter.

    $2000.00 a month income after taxes.
    $19-20,000.00 in credit card/personal loans. (Roughly $700.00 a month in payments) Not paying on this now.
    $260.00 Motorcycle payment Not paying this either
    $640.00 Car Payment behind 1 month think I should just stop paying.$37,000.00 car
    $225.00 Insurance payment.
    $50.00 Cell Phone
    $702.00 Rent

    #2
    That seems odd advice, if you default after the discharge, the deficiency balance (the difference between what you owe and what the car is worth, you usually owe more than what the car is worht) will not be discharged and you will still owe the finance company that money.

    If your going to give up the car either way, give it up during the BK.

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