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Secured Loans: My car I'm financing with CarMax

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    Secured Loans: My car I'm financing with CarMax

    [SIZE=3]greetings all. I am filing chapter 7 in the District of Maryland. All of my debt is [/unsecured with the exception of my car loan. My car is financed through carmax and my mother is my cosigner. My payments are on time and i dont want to lose my car or stop paying. Should i be entering my car as an expense as well as listing carmax as a creditor? will my cosigner be affected in anyway by my bankruptcy and the car? the car is worth about 6 grand via kelly bluebook and my note is 374 a month. I got it in. December of 2012. Im filing pro Se. I cant afford a lawyer. Is there a way that carmax wont have to reaffirm my loan? will they? if they do, does she have anything to do with it?SIZE]

    #2
    I had a Honda Finance joint loan with Sweetie-Pie (we're not married). I put down the car payment as my debt. That relieved my obligation of the debt, but not my Sweetie-Pie's obligation. I did not have to reaffirm, as Sweetie-Pie was still on the hook. We just finished paying off the car (2 1/2 yrs post my chapter 7 discharge) and got our title from Honda.

    The only thing different was that Honda Finance would no longer send statements, so if we had to contact them, we needed to go online or talk to their "Bankruptcy Department"-even though only one of the cosigners (me) went bankrupt.

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      #3
      All of your debts and expenses should be included on your petition and all creditors listed, even if you plan to continue to make payments.

      Carmax will want you to reaffirm the loan. The question is whether you should.

      If you are going to file Pro Se, make sure you don't rush it. You need to take the time to famliarize yourself with the bankruptcy code, the bankruptcy rules of procedure and your local court rules. Based on your questions, you are a long way from being ready. Consult with a few attorneys. Most BK attorneys give free consultations which is a good way to get information based on your specific situation. You don't have tell them you are going to file pro se.

      Are you sure you can't afford an attorney? How much are you paying every month on unsecured debt? Have you stopped making those payments yet? If not, maybe you could save money for an attorney instead of making payments on unsecured debt.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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