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    Friend has general bk questions

    I have a friend who will be seeing an attorney tomorrow regarding filing bankruptcy.

    She has a 2003 Ford Focus that she still owes $4,500 on, which she hasn't made payments on in a while. The loan is in both her & her mom's name. It needs a new engine and some other work that she says is another $5K and the total of the work needed obviously is more than the value of the car at this time.

    I think she has old medical bills & utility bills, possible credit cards as well.

    She also has student loans, of how much, I don't know, but I told her, I did not think those are dischargeable?
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go

    #2
    Okay, the auto in both her's and her mom's name...... if they can't get the money from her - they'll go to her mom next....

    Most student loans are not dischargable in bankrutpcy.... and new laws in the making now to make all student loans non-dischargable......

    Help you friend along the "path" if you can .......
    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


      #3
      Originally posted by Minnymouth View Post
      Okay, the auto in both her's and her mom's name...... if they can't get the money from her - they'll go to her mom next....

      Most student loans are not dischargable in bankrutpcy.... and new laws in the making now to make all student loans non-dischargable......

      Help you friend along the "path" if you can .......
      That's what I figured about both of those issues...I told her that last night. At the time the car loan was signed, I guess her mom went on some kind of anti-depressent and went crazy. They have paperwork attesting that she was not fit to sign anything...and as far as the student loans, I told her I didn't think so either...but like I said, she sees an attorny tomorrow morning...I told her about this site last night.

      I just really hope she has enough debt to make it worth her while...

      If it's just the car & student loans...I don't think it's worth it...better to get a job & start clearing it up that way?
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment


        #4
        Originally posted by AMISLANDER View Post
        If it's just the car & student loans...I don't think it's worth it...better to get a job & start clearing it up that way?
        Could be, Amis.

        Your friend is not going to be able to discharge her student loans unless there are some exceptional circumstances involved (very unlikely).

        How much will she benefit if her non-secured debts are wiped out? Will she then have more income than expenses consistently?

        Does she want to keep the car even if it's so upside down now and in need of repair to boot? If she's not made payments "for awhile", if it's been more than two months, the repo man is probably looking for the car now. Tell her not to leave anything important in it until she sorts out what she's going to do.

        Your friend needs to make appointments for free consultations with 3-4 bankruptcy lawyers in her area and lay out the cards. These lawyer visits will help her sort out whether bankruptcy is the right answer for her or not.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Originally posted by lrprn View Post
          Could be, Amis.

          Your friend is not going to be able to discharge her student loans unless there are some exceptional circumstances involved (very unlikely).

          How much will she benefit if her non-secured debts are wiped out? Will she then have more income than expenses consistently?

          Does she want to keep the car even if it's so upside down now and in need of repair to boot? If she's not made payments "for awhile", if it's been more than two months, the repo man is probably looking for the car now. Tell her not to leave anything important in it until she sorts out what she's going to do.

          Your friend needs to make appointments for free consultations with 3-4 bankruptcy lawyers in her area and lay out the cards. These lawyer visits will help her sort out whether bankruptcy is the right answer for her or not.
          I'll know more today after lunch & try to get her on here. The car does not work, needs a new engine plus god knows what else. It's sat in the front yard since I moved in....lol...my sons washed it at our 4th of July party...lol...her meeting is at 11:30 today.
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

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