The Debtmonster is ticked off and changing attorneys

[debtmonster]

Haven't heard about a RFS but I did get a reafirmation letter today about the car.

I thought you were supposed to just ignore those.

[pookieny]

I'm sorry, I thought you were talking about discharge. While many auto lenders wait until after discharge (or close) to repossess vehicles, nothing stops them from filing a motion for Relief from the Automatic Stay (RFS) and getting that granted. They then can proceed prior to your discharge.

If you haven't received an RFS by your 341 Meeting, the lender may be taking it slow. Some lenders are quicker than others.

Haven't heard about a RFS but I did get a reafirmation letter today about the car.

[debtmonster]

What is the arguement he uses to get them to back off?

I have no idea... but whatever it is, he's gotten it to work for other clients. Even if I can't get the 3-year deal like that other guy, I will be super happy to just get 6 months with no car payments. That will save me almost $1900 or so that I could use as down payment for the new car.

I will keep you guys posted as things progress. I am anxious to see how this whole thing turns out and if he can really keep me in either one or both of those cars for an extended period. If he can, that will be SOOOOOOO COOL!!

If I can do it for 12 months, that's nearly $4,000 in my pocket towards a brand new car, PLUS additional monies saved on top of that during the year.

So let's say I could manage to only put away $1,000/mo. towards a car. If I could drive for 12 months for free, I'd have $15,000+ in my pocket. I only need about $10,000 to put down on a new car for just about any dealer to get the deal done after the bankruptcy. I will be flooded with car offers probably within 30 days of filing bankruptcy and then after the discharge I'll have many more.

[justbroke]

So if my 341 is 7/17, they wouldn't attempt to take my car until 9/17?

I'm sorry, I thought you were talking about discharge. While many auto lenders wait until after discharge (or close) to repossess vehicles, nothing stops them from filing a motion for Relief from the Automatic Stay (RFS) and getting that granted. They then can proceed prior to your discharge.

If you haven't received an RFS by your 341 Meeting, the lender may be taking it slow. Some lenders are quicker than others.

[pookieny]

So if my 341 is 7/17, they wouldn't attempt to take my car until 9/17?

[justbroke]

The first schedule 341 Meeting of creditors. However, some Districts are really slow.

[pookieny]

When is the 60 day mark? Is it 60 days after you file, or the 341 meeting?

[pookieny]

According to my attorney down here, that would never happen. He would fight them to allow me to keep the car for a long time without making the payments. He's done it before. So that basically gives me a free car to drive until I can save up for a new one. That's pretty cool!!

Think of it as a housewife who hasn't had a job and gets a divorce and is entitled to the same lifestyle as before.

I guess it's the same with a car. They know you need one and can't just take it away. So hopefully I will be able to drive my car for free for a good 6 to 12 months while I save up for a new one.

What is the arguement he uses to get them to back off?

[debtmonster]

A housewife earns every penny, taking care of the home and the children so the husband can focus on his job and not worry about those things. Often she gives up her own (sometimes lucrative) career in order to do that. She is entitled to half the assets acquired during the marriage. Most often, neither party to a divorce is able to maintain the same lifestyle they had before.

On the other hand, what have you done to earn or be entitled to that BMW? You don't even have a job. All you do is whine and make excuses. You have a bunch of repos and unpaid debts that you are trying to "stick it to someone else" as you say.

You reap what you sow.

That's right and those other people are keeping their cars, too. So how is it that I will be able to keep at least one of my cars after than 60 day time period after the filing?

[hereforinfo]

A housewife earns every penny, taking care of the home and the children so the husband can focus on his job and not worry about those things. Often she gives up her own (sometimes lucrative) career in order to do that. She is entitled to half the assets acquired during the marriage. Most often, neither party to a divorce is able to maintain the same lifestyle they had before.

On the other hand, what have you done to earn or be entitled to that BMW? You don't even have a job. All you do is whine and make excuses. You have a bunch of repos and unpaid debts that you are trying to "stick it to someone else" as you say.

You reap what you sow.

[OhioFiler]

And I lost $900 going into that fire.

We're getting the latest paperwork done right now so we can go to the new BK attorney this morning/afternoon.

You'll recover the lost $900 in a matter of days with the free car, free home and free greens fees your new attorney is getting for you! I expect to hear you're driving a Smart car no later than October 1st!

[debtmonster]

Why do I sense DM has jumped from the frying pan into the fire?

And I lost $900 going into that fire.

We're getting the latest paperwork done right now so we can go to the new BK attorney this morning/afternoon.

[Flamingo]

Nope. I don't see any reason how the attorney can get you to keep the car. He says he tells the court that you need a vehicle. I am amazed that he's able to pull this off.

That's the only way I can compare it, to a divorced housewife who is "entitled" to a "lifestyle", JUST BECAUSE. That sounds completely ridiculous to me that the judge doesn't just say, "GO OUT AND GET A JOB." Instead, he sticks it to someone else. Maybe that's what the courts are doing. I have no idea.

I guess I will find out soon enough if this guy is for real or not.

There is an old, old saying..."you can run but you can't hide." And it is so true. Eventually everything catches up and when the car disappears and the fallout hits you will realize you got what you paid for as to your new attorney.

[OhioFiler]

Why do I sense DM has jumped from the frying pan into the fire?

[debtmonster]

You're kidding, right?

Nope. I don't see any reason how the attorney can get you to keep the car. He says he tells the court that you need a vehicle. I am amazed that he's able to pull this off.

That's the only way I can compare it, to a divorced housewife who is "entitled" to a "lifestyle", JUST BECAUSE. That sounds completely ridiculous to me that the judge doesn't just say, "GO OUT AND GET A JOB." Instead, he sticks it to someone else. Maybe that's what the courts are doing. I have no idea.

I guess I will find out soon enough if this guy is for real or not.