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After the bankruptcy

Submitted by on Sun, 03/30/2008 - 07:22
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We are currently filing chapter 7. We had to voluntarily surrender my husband's car yesterday and he will be using my car to get to work. My questions are: If my husband buys a clunker just to get by until after the bankruptcy, will the courts take it (since I understand that we are allowed one car)? Does the one car allowance mean one car LOAN or one car-paid off or not? How long after the discharge do we have to wait until we can get a small loan to get a car?

Any help with these questions will be greatly appreciated. We won't be able to talk to the lawyer until after work tomorrow and it would put our minds at ease for the time being.


I know with my fiances BK we had a allowance (not to sure what it was called) 20000.00 And all of our assests did not equal that amount. So I would think that as long as it did not meet that number of your assests then you should be fine. But I am not a expert .


Submitted by on Sun, 03/30/2008 - 17:29

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I was just searching for that exact answer! I know I found a calculator online for my state (Fl) that says how much they allow for car payments for my family size but not if you own the car outright. I was gonna ask the attorney that if I didn't find the answer here. Oh-good luck. I am dreading the day we turn our car in.
The question about getting a car loan-HMMM. Before all of this madness with the economy-I would hear of people getting their discharge and going right to the car lot and getting approved. Now I am sure they are being more strict in lending. Me-I don't want any more debt after this. We do need 2 cars to work but we will have to figure something else out.


Submitted by girlndebt on Tue, 04/01/2008 - 20:11

girlndebt

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I was in the same situtation in 2003, we file chapter 7, returned one car back then bought a transportation to work (cluncker) outright. did not have any problem. after the bk7 was discharge and the clunker died we went to DriveTime they aproved us and helped re-stablish credit only you have to make sure you make the payments on time.


Submitted by spanisheyes on Tue, 04/01/2008 - 20:27

spanisheyes

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OK, got the answer from the lawyer. He said no problem about buying another car outright as long as it was something 'to get by with' (in other words, a clunker). No problem...we just need to get to work at this point!

*girlindebt: Where did you find that state calculator thing-y you mentioned? I'd like to find out more info on allowable assets.


Submitted by on Wed, 04/02/2008 - 16:44

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I found it on legalconsumer.com. I didn't realize but it does cover other states-not just mine. It is very user friendly and free.
Hope it helps!


Submitted by girlndebt on Thu, 04/03/2008 - 09:07

girlndebt

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I need to know a few things when is my bankrupcy discharged I get so many different answer from my lawyer I don't even want to talk to them. also need to get another car when can I apply for financing


Submitted by on Fri, 04/04/2008 - 10:41

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Mine was discharged one year after it was filed. I don't know if that law has changed.

I was driving a very old car which was on it's last legs and the month after I was able to obtain a new loan on a brand new car.

Let me share a few things with that experience that might help you...

One is to go to a large dealership. You do not have to go to a fly by night used car dealer. I bought a brand new 06 and while my rate was a little higher 11% I was able to refinance it in 6 months to a 9% rate.

Do not fall for unnecessary add on items... I was told I HAD to purchase the extended warranty becuase of my bankruptcy. I checked in to this and found after the purchase that my lender, Citi, did not require this. I then had to cancel it through the dealership!

SHop around before you make yur purchase and look for the most value for your money before you make a decision. I went to several dealerships to get the best bottom line before I made my purchase. An educated consumer is a smart consumer!


Submitted by angell on Fri, 04/04/2008 - 11:01

angell

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