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Reload this Page Substantial Abuse? Got new(used) car in May

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Old 09-08-2004, 11:19 AM
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Substantial Abuse? Got new(used) car in May

What is the name of your state? NH
Chapter 7 in December~ It is a 16,000 car. Payment is $360 per month. Will the trustee destroy me? Is 8 months too close?
  #2  
Old 09-08-2004, 11:20 AM
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Also, the car is the only debt i plan of reaffirming.
  #3  
Old 09-08-2004, 02:10 PM
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You should have no problems. $16K is a pretty reasonable ride.
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Old 09-08-2004, 10:03 PM
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Although the Bankruptcy Code doesn't define "substantial abuse", the bankruptcy courts have tended to equate it to ability to pay some debts. The controlling case in the First Circuit is First USA v. Lamanna, 153 F.3d 1 (1st Cir. 1998).

But I don't understand the question. If a ch. 7 case was filed in December, it ought to have been closed months ago unless something unusual is going on.
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Walter Oney, Attorney at Law (Massachusetts)
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  #5  
Old 09-08-2004, 10:41 PM
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Attorneyoney- I am filing in December

I didnt file last December~ Well that's interesting. if i can pay my car payment, what should i do? Give back the car anyway. I dont want to do Chapter 13- No way.
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