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What about this stuff?

Date: Wed, 03/11/2009 - 16:30

Submitted by anonymous
on Wed, 03/11/2009 - 16:30

Posts: 202330 Credits: [Donate]

Total Replies: 4


My business is going under. Looks like we may have to go bankrupt. If you have a judgement from a bank for a car loan, can you go bankrupt on it? What about credit cards, I don't have any judgements yet on them, but am nervous I will before we claim bankruptsy. Do you have to claim everything you have? The one thing I don't want to lose is our travel trailer, but we have 10 years of payments on it and we are 6 months behind now. Once things get back on track, we don't have business expenses, and we both have jobs, we will be able to afford the travel trailer...I'm assuming I have to say good bye to it though, right? :(


What chapter are you filing?

I know CH. 7 judgments will get wiped out such as the ones you mentioned. Things like child support and taxes cannot be discharged.

I believe you do have to show everything you have, as for your trailer, if it is financed you may be able to keep that as long as you come current on it. You really don't own it so I think it is exempt from bankruptcy but I could be wrong.

As for me, I stopped paying all my bills so I can file bankruptcy. I have creditors calling me, I tell them I am disabled I have cancer and I have exempt income and I will be filing bankruptcy, which is all true. They still have the nerve to ask for a payment and I tell them no, it is pointless. For debt collectors I tell them I am doing the same and a lawsuit is a waste of their money so don't bother.

If you are 100% sure you are going to file, do the same. Tell them you are in a failed business, have no plans in the near future of getting current and you are filing bankruptcy in the coming months.

It is best to stop paying all together for a few months before you file and take care of the things most important, like yourself. Living is much more important than the bills.


lrhall41

Submitted by on Thu, 03/12/2009 - 17:01

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Yes, the car loan can be brought under bankruptcy even if there is a judgment on it. Once you file bankruptcy, all existing judgments cease to operate till the bankruptcy gets discharged and the creditor has to stop collection of the debt. Even if you don't have any judgment on your credit cards, you can include them under bankruptcy.


lrhall41

Submitted by jstn.credit on Fri, 03/13/2009 - 01:34

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As to the car loan, do you still have the car? A bankruptcy will not avoid a lien; so while they cannot try to collect money from you, they wll not release their lien until the account is paid. Meaning you can't sell it or trade it in until you pay them, even if you BK on it. If you don't have the car anymore, then the lien doesn't matter.

As for the travel trailer, you can include them too. To keep the trailer you will simply have to re-affirm the debt.


lrhall41

Submitted by DebtCruncher on Sat, 03/14/2009 - 13:13

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