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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 11-28-2005, 06:42 PM
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Join Date: Nov 2005
Posts: 18

Car Question


What is the name of your state? TX

Here's my situation-we filed Ch. 7 under the old laws and are reaffirming both vehicles (both have a lein against them) and we have little to no equity in either of them. One of vehicles is now giving us problems and we are being told that it is not worth fixing and that we should trade for a better vehicle. This would require us to obtain financing-Are we even allowed to do that having filed bk in September and it not discharge until January?
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Old 11-28-2005, 08:00 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You are not supposed to be incurring any new debt while you're in bankruptcy. DO NOT reaffirm the loan on the problem vehicle, let it go back, they can't repo it without a Motion for Relief from Stay so it wouldn't be snatched away from you right away - could even be delayed until after your discharge. Then you'll be free to get another vehicle.
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