Pro-Se. Do you know of a good Paralegal?

[souprebel]

Kind of off-topic but I thought you were a boy soup - not a girl soup!!! LOL

Well, if they won't give you the title and they say they won't repo the car maybe you can just drive it til the wheels fall off.

Hehehe, I'm a girl soup I used to love watching Seinfeld and the "Soup Natzi" episodes always cracked me up...hence the name SoupRebel...LOL Kind of silly I know.

LOL, that's exactly what my lawyer joked about...he said run it until it runs into the ground. LOL

[buzzstpoint]

NO SOUP FOR YOU! Come back one year! NEXT!!

He's the greatest...

Hehehe, I'm a girl soup I used to love watching Seinfeld and the "Soup Natzi" episodes always cracked me up...hence the name SoupRebel...LOL Kind of silly I know.

LOL, that's exactly what my lawyer joked about...he said run it until it runs into the ground. LOL

[souprebel]

Hahahaha! Love it!

[justbroke]

So, please look at the 13 more closely. See if you think you would be able to make some payments. **

A Chapter 13 is smart, but it's also a problem if you are unemployed. You need to have "regular" income to be able to get a Chapter 13 Plan of Reorganization confirmed. In other words, you need to be receiving a paycheck, retirement (distribution in some interval), investment income, or other regularly received income on some periodic basis.

Sorry to ask a dumb question, but if the defaulted loan is included in a BK, then they can no longer collect or garnish or harrass, so could they at that point still keep a title legally?

There are no dumb questions here! You don't get to choose what is included in bankruptcy. Every debt you have is included in bankruptcy upon filing. The nicer thing about bankruptcy is that if they harass you... they will be pounced upon! Your attorney would have a field day and the creditor WILL PAY damages! The "automatic stay" -- as they call it -- is what protects you from collection activities!

I would also be vary wary of how much equity you ACTUALLY have in that car. You would need to be able to exempt a bunch of the equity if it's about $9K. That will be tough in Virginia. This is why it's important to have an attorney represent you.

[mountanddo]

A Chapter 13 is smart, but it's also a problem if you are unemployed. You need to have "regular" income to be able to get a Chapter 13 Plan of Reorganization confirmed. In other words, you need to be receiving a paycheck, retirement (distribution in some interval), investment income, or other regularly received income on some periodic basis.

Would she qualify to file chapter 13 since she is getting unemployment? I was able to file even though I had only worked temp jobs but was employed long term. Luckily, I was hired permanantly before I actually filed so I feel better about it.

You would think that her attorney wouldn't of taken a payment from her if she was unable to file with her unemployment.

As a side note, I pay $780 in rent and work fulltime and only have $100 in DMI. I can't imagine trying to live off of unemployment and surviving long...in fact when I was on disability it's about the same as unemployment which was what got me in my mess to begin with. How do you do it?

[souprebel]

Hello,

As of right now, my family is helping me with my bills.

[mountanddo]

Hello,

As of right now, my family is helping me with my bills.

So you can file Chapter 13 using unemployment as your regular income?

[souprebel]

So you can file Chapter 13 using unemployment as your regular income?

My lawyer had stated that, not me, I was only restating what they told me. All of this is new to me and I am certainly no expert lol.

I want to file Chaper 7 and he advised that I could, he was only thinking a Ch 13 to help keep the car, my car is paid off but the credit union is holding the title due to the defaulted unsecured loan that I had with the same credit union.

[souprebel]

Assuming you want to end up with the title, then I would recommend the Ch 13 rather than trying to negotiate a reaffirmation agreement in a Ch 7 with the CU on terms you can live with. The main reason for the suggestion is that if done within a Ch 13, then we would have control over the process from start to finish. Should your situation change somewhere down the line (and experience tell me it will!), then we could change the 13 to adapt to the change. If you do a Ch 7 and a reaff, once the agreement on a reaff is made, you are stuck with it. If something bad happens down the road, you would be stuck with the debt (remember the phrase "it's as if the bankruptcy never happened". If we do it within the 13 and the same thing happens, we would still be able to get rid of the debt.

So, please look at the 13 more closely. See if you think you would be able to make some payments. ** Also, we can start a CH 13 with lower payments (100-150/month) until you are able to get back to work and then raise them at a point in the future.

[mountanddo]

My lawyer had stated that, not me, I was only restating what they told me. All of this is new to me and I am certainly no expert lol.

I want to file Chaper 7 and he advised that I could, he was only thinking a Ch 13 to help keep the car, my car is paid off but the credit union is holding the title due to the defaulted unsecured loan that I had with the same credit union.

Well you probably need a car right. That's great that you can keep the car and file with your unemployment income. You sound like you are in about the same income bracket as me and my car is 15 years old. It will be quite awhile before I can save enough for a new one.

[souprebel]

Well you probably need a car right. That's great that you can keep the car and file with your unemployment income. You sound like you are in about the same income bracket as me and my car is 15 years old. It will be quite awhile before I can save enough for a new one.

Yeah, just not ready to make payments on the (paid off) car for the defaulted loan. Its kind of like paying for the car twice But I have to have a car. Not sure what is going to happen and how this is all going to unfold.