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Another Question about cars and qualifying for ch7

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  • Another Question about cars and qualifying for ch7

    Ok so we are letting both cars go back with bk. we are turning in one car voluntarily tomorrow at the bank because they want it back since we are 90 days behind now. so we will still have this one left that we owe way too much on and cannot afford the payment anymore. so my question is if we can somehow pay one more payment in order to stay as current as possible onthe car we still have(it was due dec 18th) and we file jan 26th, can you still count that car payment as part of your monthly expenses to help qualify for ch7? if so does that payment show up on the schedule j? so when we file we would still be in possesion of the remaining car. what happens if anything about the 1st car payment that we let go? that probably does not get to be included in the expenses because we won't be in possession of it right?
    Filed Jan 23rd, 2009
    341 meeting--February 24th--Went smooth
    :yahoo::yahoo:
    Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

  • #2
    good question..I am wondering the same thing!

    Comment


    • #3
      Yup thats what I did. Remmber everything is as of the date of filing. make sure the loan is up to date when you file.
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

      Comment


      • #4
        Originally posted by TEW View Post
        Yup thats what I did. Remmber everything is as of the date of filing. make sure the loan is up to date when you file.
        what happens if it is a month late? Would you be able to include it on expenses?

        Comment


        • #5
          The UST may take some interest in that. The creditor is going to file relief from stay and list when the last payment was.
          Chapter 7 07/30/2008
          341 09/17/2008
          Discharge 11/21/2008

          Comment


          • #6
            I surrendered both of our vehicles. On my petition I indicated that I intended to surrender one and reaffirm the other.

            The one I intended to surrender wasn't included in my expenses and I was around 90 days delinquent the day I filed.

            The other one I wanted to reaffirm but the credit union wouldn't let go of the cross-collateralization clause. The payment for this one was included in my expenses. When I filed, I was more than 30 days delinquent and I never made any payments after I filed.

            I let both vehicles go back to the lenders a week or two before my discharge.

            None of it was questioned by the court.
            Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

            Comment


            • #7
              well we took one to the bank and left it there uesterday and have to go turn in the keys to the bank this week. the other we are now 11 days past due on and will not have the money to be current when we file. so you say keep it in our possession until we file and then wait for a relief of stay to be filed? i am not sure they won't try to come and get it before then. my husband would have to drive it to and from work prob to hide it. we have another 28 days until we file. by then it will be 40 days past due. anyone have any advice?
              Filed Jan 23rd, 2009
              341 meeting--February 24th--Went smooth
              :yahoo::yahoo:
              Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

              Comment


              • #8
                If they don't get the car before you file. they can not until they get relief. You may just have the time you need I wish you luck and hope it works out for you.
                Chapter 7 07/30/2008
                341 09/17/2008
                Discharge 11/21/2008

                Comment

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