Reaffirmation question...

[fancy_92]

Filed chapter 7, have had creditors meeting and need to reaffirm Ford Motor Credit to prevent my ex (still on the loan as primary) from suing me in divorce court. Job currently in labor dispute (almost a year at this point) have gone from 54,000 a year to just over 20,000. The only job offer I have at this point is 8.50 an hour. My question is when this reaffirmation goes before the court and they say I can't afford the 608.48 a month for my car, then what happens? I have literally applied at 200 different jobs over the last six months and NOTHING! I never realized what a mess this can be. Also, if I did let the car go and he sues me and gets a judgement, how long does that stay active? If I still am making 8.50 another year from now, how am I suppose to live??? By the way he's making 72,000+ a year. Thanks!

[SinkingFast]

Reaffirmations and Ch 7 can be a sticky wicket sometimes.

In order for the Court to agree to a Reaffirmation, the Court has to believe that the debt does not place an undue financial burden on the Debtor/Filer.

A $608/mo car payment is high when compared to an $8.50/hr job. It's, what, roughly half your net/mo??!!

Do you have to maintain the car payments as part of the Divorce Settlement??!!

If you cannot keep up the payments,.......... Can you voluntarily surrender the car to your Ex??

[fancy_92]

He already has a truck and his girlfriend has a new suv, I don't think he would be happy to "voluntarily" take it and yes the divorce decree has the "hold harmless" sentence in it I am just stuck between a rock and a hard place and trying to figure out which is the best way to go about this. Everything would be solved if my employer would end the lockout or a dentist would hire me since I did invest in dental assisting school this year trying to get ahead and not have to go back to the lockout monster Oh, I hope 2007turns around 2006 was an absolute nightmare!!

[SinkingFast]

Could you possibly sell it and, at the very least, break even on the loan??

[fancy_92]

Not an option really. I owe about 20,500 and it's a 2004 with about 50,000 miles on it. I think at most it would be about 13,000-15,000. I wish I had NEVER bought it!! My previous car was in my name only and this wouldn't even be an issue

[lrprn]

So sorry to hear you are in such a bad spot, fancy . Can you explain more about what you meant when you said your husband "would sue you in divorce court" if you do not reaffirm your car? What does your divorce lawyer have to say about this? And what does your bankruptcy lawyer have to say?

[fancy_92]

Actually, I meant that if I let the car go or if he were sort of forced to take it, he might sue me in divorce court. I haven't spoken to a divorce or family lawyer about his options as I can't afford one. Mine (bk attorney), he said he isn't well versed in the family law aspect, only said it was a chance I would have to take if I went the way of letting the car go. He said if my ex would sue me the court would have to find me in contempt of my decree of holding the ex harmless, but not having the funds is that contempt??? I have always had a job and always worked, a big reason I can't get a job is no one wants to hire and train a person who could get called back to their old job at any time and leave them up the creek.

So sorry to hear you are in such a bad spot, fancy . Can you explain more about what you meant when you said your husband "would sue you in divorce court" if you do not reaffirm your car? What does your divorce lawyer have to say about this? And what does your bankruptcy lawyer have to say?

[lrprn]

Actually, I meant that if I let the car go or if he were sort of forced to take it, he might sue me in divorce court. I haven't spoken to a divorce or family lawyer about his options as I can't afford one. Mine (bk attorney), he said he isn't well versed in the family law aspect, only said it was a chance I would have to take if I went the way of letting the car go. He said if my ex would sue me the court would have to find me in contempt of my decree of holding the ex harmless, but not having the funds is that contempt??? I have always had a job and always worked, a big reason I can't get a job is no one wants to hire and train a person who could get called back to their old job at any time and leave them up the creek.

Fancy, this is too complex a situation to sort out here. Your bk lawyer is right - you need to talk with a family law attorney to know exactly what your rights are in this situation. If you can't afford a half hour consultation with one in your area, you can try joining in on the free Divorce & Family Law live internet chat tomorrow night at 9 pm Eastern on Lawyers.com http://community.lawyers.com/chat/list.asp (you will have to register ahead of time at the website to participate) or use the free phone call to a family law lawyer on http://www.divorceinfo.com/ (this website is owned by the lawyer that mediates the weekly chat on Lawyers.com). I can't vouch for either of these options, but I have participated in the online live bankruptcy chats at Lawyers.com and found them very helpful. At least you'll get more informed suggestions than we are going to be able to give you here.

Be sure to come back and let us know what you find out. Good luck - hope you get the answers you need very soon!

[fancy_92]

Thank you so much for the information, I'm going to go and get registered now and be on there tomarrow night Fingers crossed there is a way out of this hole!!