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Whether to reaffirm and keep car, or not...

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    Whether to reaffirm and keep car, or not...

    I apologize in advance for the length of this post.

    I filed for Chapter 7 on 9/15. I originally stated my intention was to reaffirm my car loan. I have a fairly new car - a 2009 Mazda, with a 100k mile extended warranty - and my payments are approximately $362 per month. I can afford this without any issues. The problem lies in my Schedules I and J. I show that I am -$298 per month on an IDEAL budget going forward. This budget includes stuff that I obviously have not been able to afford in the past (such as $150/month for clothing for a family of 3, $625 for food, etc.). I can obviously live cheaper than this, I've been doing it for quite some time. I purposely needed to show as upside down on my monthly expenses because I have $366/month in 401k loan repayments that my attorney *thinks* will be accepted as valid expenses (my fear is - what if they're not??). Also, I show $300 per month for medical expenses. I have a child with severe asthma and he is on 5 prescriptions per month, plus just general co-pays for medical and dental for the family all add up. Right now, I get his prescriptions free from my EX-father-in-law - but there is NO guarantee every month that this will be the case. My divorce was not very amicable, and my ex-father-in-law has never been involved in my children's lives. At any point, I could have to pay full price for my sons' medications, so I need to budget for that - and my attorney agreed.

    I received reaffirmation papers from my bank for my car loan late last week. In the papers, I have to state my monthly income, my monthly expenses, and the amount left over every month that can be used to pay the car payment. I talked with my attorney's assistant, and she said this has to match my budget that was turned in. Problem is, that budget shows I don't have the money to make the car payment. There is a section where I can write in how I'd manage to make the payment (i.e. increased child support payments, getting a raise at work, paying off 401k loans in future), but the assistant was very adamant that I make sure it doesn't look as if I'll have enough money in the future that I would be able to afford to repay my creditors. I asked, "What exactly should I write on these forms?" and was told that they can't tell me that. Isn't that what I'm paying them for?? She didn't understand that my budget was an IDEAL budget - what I'm hoping for, within reason, after discharge - she was stuck on, "Well, how do you expect to pay your car payment?"

    So, after all those long-winded facts...my question is whether to keep my car or not. If I decide I want to keep my car, how do I fill the reaffirmation papers out? I spoke with my father, and he is willing to give me $8-10,000 cash to buy a nice, used vehicle, and then I can pay him back interest free over 1-2 years. I wouldn't have previously considered this, but the more I think about it, the more it makes sense to make a truly fresh start. I'd have no car payment at all in a year or two, and could save that money each month as well.

    What do you think the best course of action is?

    If I decide to let my car go, how do I go about keeping it long enough to find a good, used car? I don't want to be rushed into buying a car that isn't going to be safe and reliable for my family.

    If I let my car go, does my Schedule J change to show NO car payment at all? If it does, I'd be +$60 per month on my budget - is this anywhere near a danger zone to be pushed into a Chapter 13?


    Thank you for taking the time to read this, and thank you, as always, for this helpful forum!

    #2
    Originally posted by StressedMom View Post
    ....he is willing to give me $8-10,000 cash to buy a nice, used vehicle, and then I can pay him back interest free over 1-2 years.
    There's your answer. You can probably stop making payments on the Mazda. Ask your Attorney how best to put off the reaffirm.
    No Asset 7 closed 11/09

    Comment


      #3
      I don't think $60 a month is enough to push you to a 13. I'd let the car go and take the help from dad.
      4/09 Converted to a Ch 7 due to loss in dh's income
      5/09 UST now involved no idea what happens next
      7/09 UST has decided to withdraw his motion to dismiss!
      7/27/09 DISCHARGED!!!

      Comment


        #4
        With your current situation, I would advise as the others have. Accept the help you are being offered and give yourself time to regroup and recover from the BK.
        8-07-09-filed Chapter 7
        11-18-09-DISCHARGED!!

        Life is not what challenges you face, but how you face those challenges.

        Comment


          #5
          I am very much inclined to take the help from my dad, and honestly, that's what I want to do. I guess I'm worried about my Schedule J showing too much disposable income IF my 401k loan repayments are thrown out as valid expenses. My attorney thinks it will be fine, but it was the only answer he gave me where he said he was "pretty sure." Every other answer he was 100% confident about. He said all of my expenses on my Schedule J were perfectly acceptable, so I don't think any other expense will be questioned.

          Also, I need to keep my current car, and I'm willing to make the payments if necessary until then, while I look for a good, used car. My attorney won't talk to me about the reaffirmation; he has an assistant who handles them...and I can see how helpful she is (not). Maybe I will call and tell his office I am thinking of surrendering the car, and see if he will speak to me then.

          Do I get to claim ANY sort of expense for car ownership on my Schedule J if I'm giving up my car (and payment)?

          Comment


            #6
            You've already filed. Leave it alone.

            Don't know what state you're in, or if it makes a dif.

            My Attorney said I could claim intent to reaffirm, then "change my mind at the last minute". Others here, intended to reaffirm, but for one reason or another the paperwork never got filed.
            No Asset 7 closed 11/09

            Comment


              #7
              I don't want to change my Schedule J (especially because my attorney's assistant messed up my filing and had to amend my Schedule J once already (they forgot my car payment, and several numbers I have no earthly idea where they got)). I just didn't know if once I told them I was surrendering, would they make me amend my Schedule J again so it no longer showed a car payment.

              Comment


                #8
                If you post your state someone from your district might be able to help you.

                If not, I suppose there's nothing stopping you from acting like you haven't filed and asking a different Attorney during a consultation.
                No Asset 7 closed 11/09

                Comment


                  #9
                  I'm in the southern district of Illinois. Thanks.

                  Comment

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