Can't remember...

[Brookamy]

Do you have to be current on your car and house payments (if you plan on keeping them) when you file for Chapter 7? If I didn't pay one or two of those payments, I could get my lawyer paid in full.....

[biotechsolution]

In theory you have to be current but I guess it would truly depend on the lender.

[keepmine]

Nothing in the code says, you have to be current to file but in poratice, what are you going to do if the lender files for relief from stay well before the 341? You better have a plan to get current in a hurry.

[TEW]

BROOKAMY
I was 3 months behind on my car payment. I called the lender and explained what was going on. they moved 2 payments to the back of the loan and gave me 20 days to make 2 payments. I gave me the time to get the money for my lawyer to file then i sent them the money. give them a call before you file. they really don't want the car back

[PoorAnnie]

This is like us. FOr us to fil bk/pay atty we would need to miss 1 mth mortgage and 2 car payments. As of right now we do have the home current but the car is already 15 days late, not because of the atty, but because we didn't have the money to pay it.

The only hope we see is either:

1) keep home and van current till Feb. 2009 when we get taxes then file bk (but we are scared to do this since it is *forever* away and we don't have any purchase objections to worry about but just the calls and calls and then what if they call friends neighbors and start calling my husband's work and he gets in trouble- that is the main reason we want to file asap.

2) Skip 2 car payments and 1 house payment so we have enough to pay atty then in Feb. we get the car and house current. Though that would be after the 341 mtg and wonder if this would effect the bk and if the creditor would now not let us keep the car and house, which we do want to do (and then of coures the whole question of whether or not to reaffirm or not).

I would love to hear what other have done and if they had filed and *not* been current and wanted to keep the house/car.

[Runnin on empty]

I agree with TEW. Call your lender and see if they are willing to work with you given the situation. Depending on the vehicle, ect, chances are, it is a losing proposition for them, and they'd rather you keep it and pay on it as agreed.

House may be a different story because they obviously hold much more value than the average car, but same thought applies, call them, be honest, and see if they are willing to work with you.

[Cali]

My attorney told me if I wanted to keep one of our vehicles, that we had to be current on them. We never missed a payment on it.