top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

vehicle surrender before filing

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

    vehicle surrender before filing

    right now i have a motorcycle with a bad loan and since the point of doing a bk is to get everything straight with respect to finances, this one is bugging me. I originally had it planned to keep as secured debt, but what are the reprocussiions if I decide to surrender it back to finance company now prior to filing? currently they dont know i am filing, so they would show this as a repo, and then charge the balance after wholesaling the vehicle to me - but then that would be unsecured debt similar to my credit card debt, correct, and able to include that as part of the bk7, right? Im trying to think of 'after discharge' and what negatives this might have on anything.
    Pro to keeping it as a reaffirmed would be to help establish credit after discharge
    Con would be that its a 400 dollar a month motorcycle payment

    Pro to surrendering it would be getting out of the payment and not risking another financial problem after the discharge
    Con would be that it lowers my monthly expenses and might not qualify me for chptr 7 (but then again, the increased amount of debt would offset that, wouldnt it?)

    Does any of this make sense?

    #2
    I'd let it go. $400/month is a lot of money.
    Keep in mind, you can't count an expense if, that debt is being discharged in bk so the amount you owe the finance company won't be an issue.
    If you're close on expenses after surrendering the bike, your lawyer should be able to pad some other expenses to keep you out of 13.

    Comment


      #3
      this is the way i am leaning - does a repo add any negativity to your credit after discharge, or is it even visible at all, or wrapped up witht he rest of the crap within the bk?

      Comment


        #4
        The loan will be, and should be, listed as Included in Bankruptcy. The fact that you surrendered it (repo'd) won't even "be there" and will have no negative effect on your credit afterwards.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          thanks again guys

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X