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need help

Submitted by on Sun, 01/17/2010 - 15:31
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hi everyone, i am new here and i have question's, i need to file chapter 7, my income did not change but my living situation has changed and now i have to pay more living expenses.


now here are the questions

1) i have a car with car payment's, i am current and what to keep it, is that possible?

2) my check is direct deposited should i get a paper check so the credit company can't w/d from my account?

3)i use my debt card to pay for everything, i know you have provide your bank statement, is there anything that i should not buy? i don't know what the trustee might frown upon.

4) i talked to three lawyers, wow, all three have something a little different to say about filing, i have a no asset case i do quailfy to file, i did not select one yet, but i will because the credit people are calling like crazy.

thank you so much, i forgot to ask the lawyers about keeping my car.


If you want to retain the car then you may have to reaffirm the loan with the creditor. In some jurisdictions, you can keep the car even without reaffirming the loan if you continue paying it. Hence, you need to get the laws right. Check the contract document for more information in this regard. Also, whether or not the trustee would take the car would depend on the equity on it.

Once you file for ch7, you might enjoy an automatic stay which would prevent all collection activities against you, including lawsuits and judgement.

You might not acquire any new loan and include it in bk. You mustn't purchase any item which would be outside the exemption limit. You mustn't also transfer any property or repay a loan to a friend or relative just before filing ch7.

Anyway, I am not a lawyer. Hence, you need to speak to a bk lawyer and get your confusions cleared.


Submitted by SC on Mon, 01/18/2010 - 01:31

SC

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