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How do I prolong a repo, pay something now or wait, need help!

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  • How do I prolong a repo, pay something now or wait, need help!

    Hi everyone! I am having a heck of a time trying to figure out how to file for Ch 7 and at the same time, keep my car for long enough to set aside about 1k for a "beater" car. I don't have any money to file BK, and make *just* over the limit for fee waiver. So, I am requesting a hardship withdrawal from my retirement, I can only take out about 1500 but that is better than the zero I have now!!! I can either use that money to pay a low cost attorney and file, which would eat it all up, OR I can put 500 toward the car which is going on 45 days late, and that would leave me money to file and go pro se. I don't really want to go pro se, but I am terrified of spending every dime on a lawyer and not having anything left. I wouldn't have anything toward a new car, and if the finance company (ford credit) filed for a relief of stay, I don't think I would have enough time to save, while still paying my basic bills (rent, gas to get to work, some utilities). If it takes a while for the relief of stay, then I may be okay, not sure how quick those can happen.

    I can pay the lawyer, hope that there are NO more fees ever, and file asap, hopefully within the next ten days. Anything later than that, and I know that they will come for the car. I can call and make a payment arrangement and that would buy me about two weeks max.

    I know they will take the car eventually, I need at least a month from the time I file, hopefully more, to save some money. Advice? Thanks so much!!!

  • #2
    My advice? Park the car in a locked garage if you can. Otherwise, do you have any friends or family who were NOT listed as references on any credit application? If so, maybe park the car at their house until you can get the BK filed. Remember: the repo company will come looking at your house, and your place of employment (if they know it). If the car is stashed somewhere else, they won't be able to repo, and once you file for BK, the automatic stay protects you for a couple months.

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    • #3
      Do NOT rob from your retirement. You WILL regret it. You will not realize it now, but you will after it is too late.

      This machine is dying. Goodnight for now....
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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      • #4
        I don't really have a choice on the borrowing, unless I let them take the car and save for months to file for BK, all the while my wages being garnished and I can't pay rent and eat It is possible that I could scrounge the filing fee together and file within two weeks pro se...maybe...which would buy me some time, but I still need money for another vehicle. I'm so far down due to the garnishments (no real debt other than that and the car loan, I don't use ccards or anything) that we can barely eat. I figured that the money can go to filing fast and correctly, or toward a car. So confused.

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        • #5
          So my update is that I was able to file on 2/11/13. Somewhat ironically, the finance company, Ford, did agree to a refi the week prior, which would lower my payments 100/month. That would have been extremely helpful, oh, say, two years ago, when I asked (and the rep at the time said that they didn't do that, so not sure if I got an ignorant rep or this is a new thing). Anyway, they sent me paperwork to sign, which I did, then I filed for bk. I haven't head a peep out of them since, and when I go to my online account it has a notice about how the account is part of a bk and they are not attempting to collect, and then it shows my account info as being "unavailable". I just told my attorney that my intention is to surrender the car. My 341 is in March, so I'm guessing at that point the trustee will allow Ford to surrender....

          In any case, I'm much relieved and so very happy I filed, which I had done is a year ago. Thank you all so much!

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