Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-27-2008, 07:05 PM
Junior Member
 
Join Date: Mar 2008
Location: PA
Posts: 7

3 Payments Left On Lease


What is the name of your state? PA

My husband and I are filing Chapter 7, as soon as we have enough money to pay the fees our case will be filed, it hasn't been filed yet and we haven't made any payments yet. We haven't had the funds to do so but are working on it.

We have three payments left on our leased vehicle from GMAC. This whole time, 4 years, we never missed a payment until recently. We are over 30 days but not 60 right now. How does this work on a leased vehicle with the bankruptcy? Is it treated as a repo whether we turn it in now and walk away with an amount due that will be included in the Chapter 7 or is it a repo if we ignore and just let them take it? Which is the best way to handle something like this like a leased vehicle but you haven't filed quite yet?

I have heard that a repo is worse on your credit than a bankruptcy. Is this true? We really don't have the money to pay the lawyer plus the car payments, any advice is welcome, thanks so much.

bunny
  #2  
Old 03-27-2008, 07:37 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
I have heard that a repo is worse on your credit than a bankruptcy. Is this true?
No. Bankruptcy is the mother of all credit report baddies.

If you give up the car during the bankruptcy, it will not go down as a repo. Whether you give it back or they take it BEFORE you file, that WILL be a repo either way.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 03-27-2008, 08:41 PM
Junior Member
 
Join Date: Mar 2008
Location: PA
Posts: 7
Thank you for replying so much, I have been so worried over this. So is it better for us to try and make the payments until we actually have filed, then let the bank take it? We owe $400 for March, not paid yet so it is 30 days, $400 for April and will owe $400 for May. We may not even have the money for the lawyer until May, but he says stop paying our debts, and pay for the bankruptcy $1800. I didn't know if leases were handled differently, but I hate to have a repo on our record and never get a loan again. Plus we had such good credit until now and only have a few payments left. Would you pay the car payments or the lawyer? Thanks.
  #4  
Old 03-27-2008, 09:57 PM
Senior Member
 
Join Date: May 2001
Posts: 6,452
I'd pay the lawyer. Makes no sense paying money for something you aren't going to keep post bk.
Your credit report should be the least of your worries right now. Get the bk filed and go to work fixing the problems that created the bk.
  #5  
Old 03-27-2008, 10:26 PM
Junior Member
 
Join Date: Mar 2008
Location: PA
Posts: 7
Thank you for taking the time to read my post and help. If a repo was on our record, would we EVER get a car loan again? Would the repo on our report affect ever getting our home refinanced someday, do people with bankruptcies ever get refinanced or credit again? Our lawyer told us that lots of Chapter 7 people can have 700 credit scores again, is that true? Thanks
  #6  
Old 03-27-2008, 10:38 PM
Senior Member
 
Join Date: May 2001
Posts: 6,452
You'll get solicted for all manner of subprime loans within weeks of filing.
Trick is, ignore that stuff and realize a bk is like any other event on your report. Over time, it becomes less important. {Not minimizing that a bk is a massive derog}. But, with clean credit 2 years after filing, you qualify for FHA loans at conventional rates. As time goes by, you qualify for more conventional products.
A good credit repair site is [url]www.crediboards.com[/url]
There is an automotive finance forum and the mods are F&I huys at dealerships that can answer a lot of questions.
  #7  
Old 03-29-2008, 09:51 AM
Junior Member
 
Join Date: Mar 2008
Location: PA
Posts: 7
After calling GMAC we terminated our lease early, cleaned up and turned in our vehicle yesterday. We are just over 30 days but not 60. It looks like an early termination doesn't show on your credit report negatively at all, but a repo of any kind does. We will get a small bill for the balance but we won't have 60 days or worse on our credit report piling up.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:58 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.