Income increase and vehicle surrender

[Skip Intro]

What is the name of your state? Iowa

First of all, thanks very much for this forum and the folks who post advice here. It has saved me hours of otherwise fruitless searching and enabled me to file pro se (no asset 7) even with BACPA.

Filed pro se, 341 meeting went uneventfully, about 18 days ago. Two questions that I couldn't find complete answers to while searching the archives:

1 - I work as a free lancer. I just (unexpectedly) landed a big contract... $10k+. I can probably defer the income indefinitely if I need to... is this to my advantage or does it matter?

2 - I opted to surrender a vehicle. Creditor's counsel had the stay lifted (I didn't object) and has sent me paperwork to fill out and directions to take it to a dealer. Muddying the water is the fact my ex-wife is also on the title (and loan, but her obligation was discharged with her bankruptcy 2 years ago) and she does not want to surrender the car. (she doesn't want to pay for it either, but that's one of the reasons she's an ex-wife) What are my obligations to the creditor? Can I just tell them "The car's at XYZ location. Go get it any time you want."?

Thanks again for all the past help and advice and I look forward to another illuminating answer!

[Ladynred]

1 - I work as a free lancer. I just (unexpectedly) landed a big contract... $10k+. I can probably defer the income indefinitely if I need to... is this to my advantage or does it matter?

What matter's MORE is whether or not this contract was in the works at any stage when you FILED for bankrutpcy. It's still possible that even if it's 100% post-filing, the Trustee could reach the money at any time, regardless of how long you defer it. Recent case law decisions say post-filing income increases etc. CAN be reached.

2 - Your ex-wife is on the title, but the finance company has the lien. Too bad for her, she can't have it if she can't pay for it and she has no say in the repo.. unless she wants to pay off the loan.

[Skip Intro]

Still in Iowa.

Hi, Ladynred... why did i think I would hear from you? Thanks for taking the time to respond.

Originally Posted by Ladynred

What matter's MORE is whether or not this contract was in the works at any stage when you FILED for bankrutpcy.

No, it was not, at least not to this degree. They did contact me before filing but the contract wasn't even 1/10th of what it has grown to... more along the lines of $600 to $800. In fact, it was yesterday when they asked me if I was interested in taking on all the additional duties. It was a huge surprise to me. A good one, but still totally unexpected.

Originally Posted by Ladynred

Too bad for her, she can't have it if she can't pay for it

Yep. I knew she couldn't keep the car. I was more concerned about my obligations in bankruptcy to my creditors to produce the car. Do I have to physically retrieve it and deliver it to them or will informing them of its location suffice?

[Ladynred]

How they get the car back is probably something you'll have to work out. Some will ask that you bring it to them, others will just want to know where it is and go and get it when they are ready. If she won't give it to you voluntarily, they will have to take it.