Repo prior to filing Chapter 13 in Georgia

[NewChanges4]

I have been on the fence about filing a 7 or a 13 until today when I spoke to a firm that advised me to file a 13 in order to restructure my tax and car payments. I made an appointment to meet with them and file this coming Friday at 11. However, my husband woke me up at midnight to tell me that the repo guy was there to pick-up my car for nonpayment.

I don't know what else to do to get a car outside of trying to get this one back. I'm so close to paying this one off that I cannot fathom getting another note from scratch. If I move my filing (chapter 13) up to tomorrow (well, today now since it's 1:30 in the morning) will I be able to get my car back? Or should I consider that a wash and try plan B?

I hope this makes sense. This is an entirely new animal to me.

[NewChanges4]

Of course I cannot sleep but what else is new? I haven't slept through an entire night in three months...maybe more.

I'm trying to figure out what my options are for my car. I keep reading things online that state I should buy a car prior to filing the chapter 13 but that seems somewhat dishonest to me. Maybe I'm misunderstanding the purpose? With my credit being so jacked up with this past due car loan with American Honda, will I even be able to finance a car? And if by some means I am able to get a car loan, will the Court frown upon me taking on new credit? Also, if I'm not attempting to get my car back (purpose of the 13) should I just file the 7 and be done with the entire thing?

I am so sorry I have so many questions. I am just a nervous wreck right now and have no idea what will happen. Honda Financial doesn't open for another 7 hours and I cannot sleep so I'm driving myself crazy with all the unknowns and what-ifs.

Thanks again!

[b4bankruptcy]

NewChanges4 ... my car was to be taken by 4pm on friday... that morning I borrowed $500 and files a 13. You've got to come up for air and the only way you'll do it is to be able to see the surface. If your car is already taken, you may have to count it as a loss. Only because you'll have to pay the fees to get it out, do you have the fees? BK is not for everyone but if you are smart and think things out, it can be in your favor. I wish you all the luck because I've been where you are and I will pray for you. God bless!

[NewChanges4]

b4bankruptcy - Thank you for your kind words of advice. I have been running around all day. I THOUGHT I was going to have to try to buy another car before the repo was reported. Fortunately, I was able to meet with the bankruptcy attorney today and file my Chapter 13. She said that in Georgia, there is a 10 day window after repo in which I can recover the car and protect it inside of bankruptcy. She said that once Honda Financial is contacted, their specialist will arrange to have the car returned to me. This usually takes a couple days so I hope to have it back before the weekend. Thankfully, my Honda has been good to me with very few repairs (mostly maintenance) so I pray that it will continue to do just as well over the next 60 months.

[b4bankruptcy]

God Bless you and remember, bankruptcy is not all that bad, you are smart!

Just be smart in rebuilding. This is just a phase and it too shall pass. I will lift you up in prayer and remember, many before you have done it and have ended up better than before, you can too, just be smart. My secret ... extract emotions from the things we now do. We can't afford emotions. Love always... keep your head up!!

b4bankruptcy - Thank you for your kind words of advice. I have been running around all day. I THOUGHT I was going to have to try to buy another car before the repo was reported. Fortunately, I was able to meet with the bankruptcy attorney today and file my Chapter 13. She said that in Georgia, there is a 10 day window after repo in which I can recover the car and protect it inside of bankruptcy. She said that once Honda Financial is contacted, their specialist will arrange to have the car returned to me. This usually takes a couple days so I hope to have it back before the weekend. Thankfully, my Honda has been good to me with very few repairs (mostly maintenance) so I pray that it will continue to do just as well over the next 60 months.

[IamOld]

I hope you all will forgive me, but I'm sort of glad to see I'm not the only who is living this thing 100%...I'm faced with an impending lawsuit for past due "stuff" and it looks like I won't be able to file for around another month...

b4bankruptcy - I don't know how you stay so calm!

[b4bankruptcy]

Clear Direction Heals Anxiety... Unanswered Questions, Left Unresolved, Can Cause You Anxiety!
Iamold, lets say they take you to court today, it will take a week or two for you to be served, then another week for you to respond, by then you should be able to file. Don't let creditors push you around. If you have done the best you can, don't stress and kill yourself, it will be OK. We are praying for you and it will be O.K!

I hope you all will forgive me, but I'm sort of glad to see I'm not the only who is living this thing 100%...I'm faced with an impending lawsuit for past due "stuff" and it looks like I won't be able to file for around another month...

b4bankruptcy - I don't know how you stay so calm!

[NewChanges4]

IamOld - I'm sure you're not old. You still have breath in your body and a sound mind. :-) I agree with b4bankruptcy! Don't let anyone push you around. Do the very best you can and if that's not good enough for someone else, that's their issue. Not yours! Your health means so much more than any amount of "debt."

b4bankruptcy - I got my car back and the last creditor stopped calling today! Whew! I feel as if the weight is slowly being lifted off my shoulders. My husband is concerned about us being able to buy another home. (We rent now. We sold our home a year and a half ago to try to save money) I told him that the right seller will agree to do owner financing or lease w/option to purchase and not to worry. Ironically, I'm usually the worrier. :-)

Thank you for your support and encouraging words!

[IamOld]

A million thanks!! First court date is in about a month...then trial would be about a month later...so that buys time...

[IamOld]

THANK YOU Newchanges - no I'm not "physically" old but I feel old - want to hear something funny (and depressing?) I can't wait to be on Social Security! I envy the "old" folks!

[b4bankruptcy]

You are welcom a million folds....

Keep strong and nothing wrong with renting right now. In fact living in GA you have a while before the market turns anyway so, think of it this way... every adversity in not a calamity. This can be a blessing for you and your husband, it truly has been for me. I went on to start a business, acquiring a few rental properties so, Always remember - Clear Direction Heals Anxiety... Unanswered Questions, Left Unresolved, Can Cause You Anxietyy! Love alway to everyone reading this and believe me, this too shall pass! QUOTE=IamOld;506732]A million thanks!! First court date is in about a month...then trial would be about a month later...so that buys time...[/QUOTE]