We received re-aff agreements on both cars today (both with Honda), if we don't sign, which we do not want to, will this push us into 13? We needed the deductions to get into the 7 (13k over median). Does the trustee get involved in anyway with this? DH job is shaky at best and we are afraid to sign, both vehicles are current and we have never been late or missed.
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Will we be pushed into 13?
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Where are you in the process? Have you already had your 341? Regardless of whether or not this could push you into a 13, consider carefully what you're agreeing to do when you sign those reaffirmation agreements. You are financing two vehicles, probably for less than they are worth. When has that ever been a good decision?
You say DH's job is shaky at best. What if you get through your BK, he loses his income or his income decreases? There will be no filing BK then - you will be stuck! This is your one and only chance to get out from under your debt. If you can find another way to get by until you're back on your feet with some savings underneath you, I think you'd be so much better off.
Also, your intention to reaffirm the car payments doesn't guarantee that you'll be allowed those expenses on the means test. The UST in our district filed a motion to dismiss a Ch. 7 case citing that the debtors car payments were excessive (I think combined they were $780/mo.).
It is impossible to predict every little thing, but what does your gut tell you?
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