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Few quick questions, filing first thing Monday

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    Few quick questions, filing first thing Monday

    I am filing pro se and I have some last minute questions.

    I currently owe $2000 in payments on my car through cap 1. $1000 of that is late fees the other $1000 is 2 montly car payments. I will be making a $500 car payment about a week after I file and will probably catch up with the other payment before my 341 Which will only leave late fees. My intent is to retain and pay. Do you think this will work? DH (im going through a divorce) is cosigner and is not filing. Do you think Cap one will try to repossess knowing dH is still on the hook. What is the proper way to list retain and pay on the paperwork?


    Second, I am owed about $9000 in child support payments. Which I have listed on my bankruptcy forms as money due to me. If I were to receive $1500 from my ex through Child support enforcement can I spend that money on stuff my kids need or would the trustee take it.

    #2
    Bump, can anyone help?

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      #3
      I couldn't find a specific answer to your question but it looks like you have to include the money owed as an asset; that being said depending on the exemptions you are using you might be able to exempt it. In VA it looks like if you are not using the homestead exemption you can use 5k as a wild card. Also it appears that Federal law might prohibit taking child support payments although you can't use Fed exemptions in VA. Good luck.

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        #4
        Thank you so much for your response I may push back my filing by a day or two to make sure I have all the exemptions listed correct.


        Can anyone offer an opinion on the car situation?

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