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    I'm kind of in a lucky position. I realized a couple months ago I wouldn't be able to continue to pay my credit card debt and ever get ahead. Paying cc's on time, and only paying the minimum, and then using them to buy food and gas... yeah I wouldn't get ahead. I had my first appt yesterday with an attorney, and I qualify for the chapter 7, but she made a very interesting point with the chapter 13. I recently in April traded in my pickup truck for a Honda civic (I work at a resort which is about 20 minutes outside of town, and my truck wasn't fuel efficient in the least), looking through my paperwork she saw that they added negative equity onto the loan, over 6k worth.

    I went in thinking chapter 7 would be the best option for me, but after she explained that she would be able to take out the negative equity from my car loan, and I would be able to pay off the car in 5 years vs. 7, I won't have to put up front the money for her but only a small amount (in my situation ever little penny helps because I am that tight on $$$), and a good chance my payment would go down. I like that better, I could probably even do a bit better APR (mine is at 8.8) but only just a little. Because of the purchase of the car, she advised me to stop using the cards, which I have; and I will need to pay my credit cards for a couple more months to show them, I just wasn't racking up the cards, getting a car and buying a computer, and then filing for bankruptcy (which she said would look like fraud). I know that it doesn't look good (getting the car, required me to transfer credit card balances over, and then put nearly 3k down on another credit card because the new lender wanted more down before they would approve the car loan) but I guess I just want a few people's opinion?

    I don't own any property. I live in a house with 3 other people. The only thing I have in my name is the 3 cc's (23k in total of debt), and the car (roughly $21k I now owe). I think in the end, going with the chapter 13 is better in the long run. The attorney told me that the unsecured debt would go away, and I just would have the car loan, her fees, and the % for the trustee. And I'd have that paid off in 5 years. I did some research and I saw that if I wanted a credit card in the future (and still in the payment plan) I would have to get it approved first by the trustee (which isn't a huge deal; I really don't want to think of getting or wanting a credit card now, I've learned my lesson the hard way about that), but is it true after the 5 years of paying, that the bankruptcy will stick to me for another 3-4 years ? I just want to make sure, I'm almost 27, and I would like to by the time I am in my mid 30s to be able to get a house.

    Sorry if this is a bit long winded. Any advice or opinioins are greatly appreciated.


    #2
    Originally posted by vanzskater View Post
    ...is it true after the 5 years of paying, that the bankruptcy will stick to me for another 3-4 years ?
    In most cases, a successfully completed Ch 13 drops off your credit record seven years after filing.

    Also for whatever reason, future creditors are often somewhat kinder to Ch 13 filers - probably because creditors do typically get repayment in Ch 13 plus (hopefully) you have years of good on-time payments history to show after filing.

    Some here will try to convince you to file Ch 7 if you can. I say file the chapter that gives you the best outcome in the long run. You're young and have many years of living (and serious saving) left ahead of you to recognize your dreams.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I believe that the car note has to be at least 910 days old for them to 'cram down' so that you just owe what it's worth. If that's the sole reason for doing the 13, then you may have gotten bad advise. Was your lawyer aware of how new that loan is?
      Chapter 13 on the horizon
      My Chapter 13 Journey Blog

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        #4
        you could also get rid of the negative equity in the car by giving it up in a CH 7 and getting a different car that you weren't so upside down in afterwards, if you have any way of swinging that (either someone who will cosign the loan so you don't get reamed on the interest rates, etc.)
        Filed CH 13 September 17, 2007
        Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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          #5
          Find out about the cram down rules like jjwbx said. Also, in most cases, you don't have to sign the reaffirmation agreement when doing a ch 7 (they say you do but you don't as long as you are paying on time). This means you can walk away from the car loan with no repercussions if you couldn't afford to keep up the payments after your 7. And keep in mind lawyers get paid more for a ch 13. Do your research before making any decisions.
          Filed Chapter 7 Pro-Se May 29, 2008
          341 July 1, 2008
          Discharged September 4, 2008
          Closed November 10, 2008 :-)

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