LadyNRed if you have time please

[chihuahua]

What is the name of your state? Florida
You responded to several of my posts with very good info. We did go see a BK attorney and was advised to go 13 with our 3200 a month income. Ch 7 was out of the question due to owning our auto and have to pay back 12K which we did not have. also 13 would cost us about 800 month 3 yrs. I know I have seen some posts where they were advised to purchase a new auto so they are able to keep it and pay on it and raise their expenses also and go Ch 7.
Your advice on this, is it lawful? Is it worth it with our 75K debt?
Thanks in advance
PS I posted this on credit info with no response so if you see it there please disreguard that one if you find this one first.

[mymymy]

OUCH! Pardon me for interjecting for a moment, LIR.. this one just took me by surprize!

OP- Please, please, please go and see another lawyer. Based on the numbers you've recited- the one you're dealing with sounds like he's off his loo.

[chihuahua]

Thanks, that was quite a cute post. I did think somthing was rotten in Denmark. The price was 1,500 and we were told it could go higher!!!

[mymymy]

Yes.. seriously, tho. With an income of 3200.00 (is that gross income?) and 75,000 in debt.. you sound like a perfect CH 7 case, unless you have amazing amounts of non-exempt assets that you need to keep.

I'm in FL, too. We own a home but we've been here less than the 3.3 years required for an unlimited homestead exemption- so we were capped at 125,000 because of the new law. We own an SUV outright.. the trustee was going to object to our auto exemption- he claimed it was worth much, much more than it is. I took it over to Carmax and had them put an offer in writing (didn't tell them about the BK- but, on the premise that I just wanted to sell it) It was in the ballpark of my exemption.. so, I faxed it to the trustee along with a bunch of pix.. pointing out all of the things wrong with it. He filed a report of no distribution shortly after that.

I know your expenses have to be up there, too. I mean, let's face it- FL is not the cheapy place to live it used to be, right?! LOL.. I should have stock in the electric company!

Please see another lawyer.. it seems like that lawyer is looking to line his pockets rather than do what's best for his client. YUCK.

[chihuahua]

3200 a month, only catch was the auto.

[Ladynred]

With a nearly paid-off car having a value of 12K against the puny 1K exemption, then keeping the car in a CH 7 in FL means a real battle with the Trustee, one you are likely to lose. If you can get a quote as noted above, try it, you could prevail and keep the vehicle. What the heck are you driving anyway, and how old is it ??

If the vehicle you have isn't old, then dumping it for newer one just to gain the car payment expense could look very fishy. If you had an older vehicle, worth far less, getting a newer, more reliable car would be a fairly common move.

[chihuahua]

The vehicle is a Dodge pick up, 1999 diesel which puts it up there. If it was gas you could take off 5K. Will see another attorney this coming week.
Thanks