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anyone get to keep their car with a neg on sch J?

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    anyone get to keep their car with a neg on sch J?

    Mine is -740 and we got our reaffirmation in for my car, lawyers office said it may be a prob as the sch J shows a negative...... I then said well if we pay ever month if the judge will not sign it... will they still take it and she said yes probably...?
    great i will have to give up my job if they take my car....

    B
    B x
    filed Ch 7 Oct 31st 2008.
    341 Dec 10th 2008.
    DiSCHARGED Feb 10th 2009

    #2
    My Schedule J was negative and they held a hearing and refused to let me reaffirm my mortgage if you can believe that.
    Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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      #3
      It depends upon the district, the judge, etc. You will most likely have to prove that you will be able to make the payments.

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        #4
        We are -900 on our schedule J and plan to keep both our vehicles if we are allowed. Since my 341 is tomorrow I guess I will have information to share regarding our vehicles soon. My husband has agreeed to surrender his truck if the trustee makes us give up one. I can't imagine them making us surrender both. How would I get to work???
        Chapter 7 filed 10/21/2008
        341 - 11/26 went smooth NO ASSET
        Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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          #5
          Originally posted by Keebler View Post
          My Schedule J was negative and they held a hearing and refused to let me reaffirm my mortgage if you can believe that.
          Oh my gosh!! That's awful!
          May 2008 Hired 1st Attorney/Stopped paying CCs
          May 21, 2009 Retained 2nd Attorney
          May 28th - Filed for Ch 7 (FINALLY!)
          9/11/09 - DISCHARGED!!!!

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            #6
            Originally posted by Keebler View Post
            My Schedule J was negative and they held a hearing and refused to let me reaffirm my mortgage if you can believe that.
            How negative were you?

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              #7
              Huh? OP, despite being neg on your schedules, if you don't reafirm and you still are able to pay your car note then NO - your car won't be taken from you. And yes, the judge probably won't approve the reaffirmation because that would be a hardship on you. Don't reaffirm, pay your car note and you keep your car. In the event something happens and you can't continue to pay, then yes, you loose your car but you don't owe anything. There are tons of threads on this issue. Read them. Having the car note helps you with your bk & schedules. Reaffirming does not help you.
              Filed Chapter 7 Pro-Se May 29, 2008
              341 July 1, 2008
              Discharged September 4, 2008
              Closed November 10, 2008 :-)

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