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No vehicle?

Submitted by on Thu, 04/05/2007 - 19:25
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I was talking to a lawyer today, as I am getting ready to file chapter 7. He told me that everything seemed okay with my my case, with the exception of one problem. He said the judge would most likely not allow the reaffirmation of debt on my truck. The reason he gave, was I owe more than it's worth, the payments are too high (500 a month) and gas expenses are to high (about 400 a month). It's a 2005 dodge dakota pickup, that my job depends on (I am a service tech, and I travel 5 states, putting on about 2000 miles a month). The company I work for, does give me a vehicle allowance (500 a month) and some mileage (.16 a mile, then I can deduct the other .30 a mile or whatever it is at tax time). Is the lawyer right?


I know that with the new bankruptcy laws, it is not as easy to reaffirm as it used to be. Now the lawyer has to sign off on the reaffirmation, stating he believes it is in your best interest, before the court will approve it. If your income and other living expenses don't justify keeping the vehicle, then your attorney could be liable for malpractice if he signs off on your reaffirmation.

I'm not sure how your company's allowance plays into the equation. But I am sure your attorney has a lot more experience and training in dealing with BKs than I do. You might consult another bankruptcy attorney to get a second opinion.


Submitted by DebtCruncher on Fri, 04/06/2007 - 17:49

DebtCruncher

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Thank you both. I think I'll check into another lawyer. I talked to this one again, and he told me I should quit making my truck payments as soon as I file. He was saying it would take them 2-3 months to come and get it, and meanwhile, I can drive it for free and save the money to add to the downpayment on another vehicle. Perhaps he is right, but it seems to me it would look better to a potential lender if I made the payments right up to the end.


Submitted by on Fri, 04/06/2007 - 19:10

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