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    Taking over lease ?'s

    My bk attorney told me I need to have a car payment to qualify for chapter 7, seeing that Im surrendering my SUV and its payment. My friend has an 08 Jeep Liberty she wants to get out of.

    I cannot get my name on the lease right now because 1. Chrysler financial is out of the leasing business and 2. my credit score is 413.

    Does my name have to be on the lease? Can I keep the insurance in her name, its cheaper because her credit score is good? Shes going to drive my 89 Sundance (exempt due to value) that I have since she will have no wheels. So Im making out because I will satisfy my chapter 7 and have a nice new ride, and she will be out of a payment, thus saving some bucks.. I like deals that work out like that

    And can I just lease the car for 6-7 months, or until Im discharged and then give the car back to her? Shes willing to do this if Im allowed to as well. I dont want to do anything to jeopardize my case though.

    I was wondering how would the bk judge/trustee know if I just took the cash from my friend and wrote the check out to Chrysler financial for her "looking" like Im leasing the car? Seems like there could be loopholes in this method, thats why Im wondering if I can even (sub)lease the jeep from her....
    Last edited by Intoodeep80; 10-28-2008, 03:20 PM.
    Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
    Discharged 4-17-09!!!
    Reason for filing: Medical, NOT irresponsibility with credit.
    "Sometimes you have to fall before you fly"

    #2
    The loophole is you have to provide the actual lease to the trustee (at least in my district) and they would notice right away that your name is not on the lease.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Originally posted by StartingOver08 View Post
      The loophole is you have to provide the actual lease to the trustee (at least in my district) and they would notice right away that your name is not on the lease.
      Thats what I was curious about. Seems like too many loopholes ..

      My lawyer reiterated today when I called that IF we get the lease put into my name, it will have to be reaffirmed, and we dont want that. Not to mention there will be no holy way Chrysler is going to put my name on that lease, no way. Not with my credit score (413 last I checked - may be lower now)!! My lawyer figured I can lease the Jeep for 6 months or so, until im discharged, and then give it back, if she wants it back. If not Im going to ride the lease out.
      Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
      Discharged 4-17-09!!!
      Reason for filing: Medical, NOT irresponsibility with credit.
      "Sometimes you have to fall before you fly"

      Comment

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