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Considering Chapter 13 (? on auto loan)

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    Considering Chapter 13 (? on auto loan)

    This forum has been incredibly informative. I have read up as best as I can and think I might have a couple of tough questions that I haven't seen elsewhere. I'd appreciate if someone could give me some insight. I'm losing my mind

    All except for 1 of my debts are unsecured.

    The secured debt:

    1.) I am financing a car from Ford Credit that originated in 9/06. So far I am only (consistently) 1 month behind on payments. The missed payment being just this past month. I have made this month's payment. I understand this is a problem but if I were to file Chapter 13, would I still be able to keep the car? I read somewhere that if the loan is relatively new, that they can still take the car.
    ------------

    2.) I am engaged and living w/ my fiance in an apartment. If I file chapter 13 now, and we eventually get married (1 - 2 years), as long as she keeps all her assets in her name only, is she safe from my bankruptcy? If she were to buy a house, could I also live there as long as my name is not attached?

    3.) My fiance may be getting help from her parents with a considerable sum of money (still, her bank account only). Could this gift be applied to my bankruptcy in any way?


    Whew... what a long winded post. I appreciate if you're still with me. I am agonizing here over what to do.... Thanks for y our time.

    #2
    If you're in arrears on your car at filing time, Ch 13 is the only way you can keep the car. You can make up arrears inside your Payment Plan with Ch 13.

    You have to be current when you file Ch 7 or you'd loose the car. Shortly after you filed a Ch 7, Ford would file a Motion to Lift Stay and repo the car if you were behind in your payments.

    As long as you don't co-mingle your finances, your fiance's credit should not suffer as a result of your BK. No joint checking, no joint CC's, etc.

    Your fiance's assets are hers, not yours. As such, are not part of your BK. Once you marry, you may have to be very careful about how your financial affairs are handled. Definitely ask attnys as you consult around.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Thank you very much for replying. I am calling TODAY!

      Comment

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