top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Car advice needed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Car advice needed

    I have been reading for sometime but I feel like I need to join in because I have questions that I cannot find answers for. I have already filed and 341 meeting is coming very soon, I need to be able to keep my car. Unfortunately lately have had many financial obstacles that have caused me to become late on payments on the car. If my payments are not current when I go to the meeting will this cause me to possibly lose my chances of keeping the car? Or will the trustee allow me to catch up the payments? I also owe more on the car than it is worth, how will this affect my chances on keeping the car. I need the car to be able to get back and forth to my work. I am so afraid of losing it. Help, please any advice would be wonderful.

    #2
    Ch 7 is Liquidation and you HAVE to be current on payments to keep property. Whether you're upside down or not.

    If you can, get your arrears caught up before you go to the 341.

    Beg or borrow the money from friends or family and get caught up on the car if you can. Don't take the money personally. Have them buy Money Orders made payable to your auto loan lender which you sign in your name. You don't want any excess cash flowing thru your bank acct right now that you'd have to explain.

    If you cannot get caught up by the 341, be sure to let your attny know.

    Maybe even prepare a plan of action that you can present showing how you can be caught up before the 60 days period for Creditor Objections ends.

    I don't know if the Trustee will allow it, but it's worth a shot.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Thank you SinkingFast, I think you confirmed what I was terribly afraid of. I will call lawyer today. I know I cannot catch up by 341 meeting. And I really do not have anyone to borrow from. I thought about this all weekend. I have another question that I am unsure of. The car was bought just short of 2 years ago. I thought I read something about creditors being able to collect balance if bought in less than certain time frame. I hope you know what I am talking about. Does this mean that if they take the car I will still have to pay the balance of the loan. Please help. I am so dreading all of this. I am extremely nervous.

      Comment


        #4
        I called the office of my Lawyer and explained that I was behind. They recieved a paper from the lender that sounded like a reaffirmation. I was told not to worry, they are sending me a copy of this and from what I was told I will be okay at my meeting. The terms sound very good. Not that I am not still concerned and very nervous.

        Comment


          #5
          Sounds like the Lender has voluntarily renegotiated the terms of the original note with your attny.

          If that's the case, you must have great attny working on your behalf. He/she seems to be taking very good care of your interests.

          Good Luck!!
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Sounds like your lender is willing to work with you regarding the late payments.... and helping you keep your auto.

            Be sure you discuss all this with your attorney and be sure all reaffirm papers are signed, sealed and delivered before your discharge date......

            Since you probably owe more than the auto is worth resale..... the creditor is more than willing to work with you......
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X