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Leased Vehicle Excess Mileage Charges under Chapter 13 filing

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    Leased Vehicle Excess Mileage Charges under Chapter 13 filing

    My Chapter 13 was confirmed back in May 2007. I have a 2005 leased Lexus that was part of the filing and not reaffirmed. I have been making the monthly lease payments on time (separate the Bankrutcy payments). My lease comes due 12/1/08. In the event I can't get a loan to buy it, I will have to turn it back to Toyota Financial. With over 107,000 miles on it, my excess mileage costs will be $12,000 +/-. I was told (by an armchair attorney) that since I didn't reaffirm the lease, I wouldn't be responsible for the excess mileage costs. Does anyone know if this is true or not?

    #2
    I am also interested in the answer. I have a lease that i am over 30K miles alaready and it doesn't go back for another year.

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      #3
      I think you would be responsible because it is a debt incurred after you were confirmed. That is why we traded in our lease before we filed.

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        #4
        you might be okay since you are in a chapter 13 instead of a chapter 7. Since in a 7 once your file any debt after your file you would be responsible but it may not be same situation with a lease in a 13.

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          #5
          My lease was up a year afte I filed my 13. I turned the vehicle in to fifth third bank with 10k miles over the limit and was never charged any extra fees. I think theyre just happy to get the vehicle back. Good luck.

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