Frustrated w/ quiet lawyer

[MosaicNate]

Hey guys,

I'm fairly new to this forum but have found it as a godsend so far...

My lawyer runs a pretty big firm here in Ohio, so they're currently dealing with a thousand people at once... At least it seems that way, everytime I try to find out some info, he puts me off...

I recently filed for Chapter 11 bankruptcy, and already have my 341 Meeting scheduled for December 8th.

Currently, my car payment through americredit is $330.46, through Americredit. It's not even a nice car, it's just a 2004 Kia Spectra with 4 years left on the loan. Even now, I can't afford such a high car payment with my insurance being at $165 a month since it's a "Newer Car"

Even though I've filed bankruptcy, what happens if I don't pay my car loan? Would it get repossesed before the 341 meeting? Do they have to wait until my case is discharged etc?

Also, what about if I want to get a new car for a cheaper payment a month? I dont' even care what it is at this point I'll take a hoopty for all I care, as long as it drives me to my work. This loan amount is killing me. All I want is a car for maybe $200 a month, or even something that will get my insurance down. With all the bills I have now, I can barely stay afloat...

I appreciate all the replies in advance

~nate

[Mysocalledlyf]

Hi Nate,

I'll let you know what Im doing. I too have a car payment of 365.00 per month with 13,000 left to go. I really dont like it anymore('03 cavalier chev), but I also cant afford this payment. I actually stopped paying on it 2 months before I filed, my meeting is on the 31st. With filing, this put me in a automatic stay with the loan, where they cant repo it, but if they do want to get it they have to set a court date with the judge. which takes a couple of weeks. Even then you will be notified of the court date. Right now, my discharge date is set for Jan 3rd. I am hoping against hope that I can ride it out with out the financer trying to lift the automatic stay until Im discharged, my chances of getting another car will be a little better.

OKay this is what I know so far about getting financed again! I actually found a couple of car places that have banks that will finance you as long as you have your 341 meeting over with. But you know, these are a little risky, I think majority go on your income, or may only get approved for a little bit with high interest---->meaning if you want 200 with a high interest(about 30-33,depending on your state), you cant be financed for anymore than maybe 9 to 11k. Otherwise going higher with that interest rate would be about almost 400+. If you wait until you are discharged, you could possibly go into a reputable dealership again...still not the best interest rate, but the car will be a little better. And YES, there are dealerships that will work with people just coming out of BK. The banks know you need a 2nd chance and you cant re-file for a long time. Just save your money for a down-payment, and be prepared for the interest rates. So you know you cant look higher than a certain loan amount if you want your monthly payment to be low. You might not have to get into a hoopty, if you really dont want that, but something decent. Let me know how it works out!

[Genenco]

Frankly, I am so tempted right now to tell my car loan people to just "Take the vehicle"

Had them call today and even tell me "You don't want to wait till the last moment to pay!" I said "Why not" "Well" the caller said "You just don't want to!"

Sheesh!

[TwIsTa]

Yea i own a 2001 Grand am GT with 77,000 Miles on it, i pay 356 a month and i actually owe 377 tommorow im 2 months behind but they said if i pay the 377 they will move one of my payments back towards the end of my loan my loan is still for over 13000 and my insurance is 250. i have the money to pay the 377 tommorrow but i dont even know if i want the car anymore ive put alot of work into it. but the payment is killing me. Thier calling my work and its irratateing me. my bk office told me that i can do a 722 redemption ive talked to them they said when i get my bk started they can get my payment under 300. but still i dont know if i want the car anymore i can save about 500 bucks a month and buy a clunker to get me around and use my wifes as our everyday driver but its always nice to have 2 cars that you can depend on. this has been making me crazy for the last week figureing what i wanna do.....mabye ill pay it to buy another month or 2. ahhhhh i dunno ;)

[sunshine08]

If you have filed bankruptcy and asked a creditor not to call you, especially at work that is against the law. You can also request that they not call your place of work as it causes problems. Get the name and company of those calling, record it if you can, and tell them not to call you again.
If you have filed bankruptcy - they have been notified not to contact you.

[Mysocalledlyf]

Twista,

I know how you feel, What you probably need to do is chalk it up as a loss on the car, especially if you dont want it AND cant afford it. I think you wrote you havent filed yet and its underway, I understand, b/c it took me 3 months to pay my lawyer and to actually file. Depends on how much you have left to go before you file, then what I would do is pay the 377, to "buy" you an extra month. Or if you can use that money to file, you wont have to worry about your car being taken, atleast not right away. Then save your money, and get another car. I definitely feel your pain, trust me.