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Chapter 7 questions

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What is the name of your state? North Carolina

Just a few questions. I am about to file a Chapter 7, pro se, and want to make sure I am doing everything right.

Firstly, I have 2 bounced checks that I have not yet paid off. Am I able to claim these as debts, and have them discharged? Can I also include a payday loan/cash advance thing?


I have no real assets, such as a house, real estate, large (or ANY) sums of cash, no big ticket items in the apartment, etc. The one thing I am concerned about is my car. I traded mine in the other month and ended up having to roll extra money into the new(used) one. I don't want to give the car up, and have no issues about continuing the payments as they are. I know that legally I still have to claim this on my filing though. Do I have to reaffirm this debt, or can I just continue making the car payments- as before- without worrying that they're going to come take my car away- without having to do the technical reaffirmation? It's worth about $13k, and I owe $20k on it. I assume they'll get notification as they are listed as one of my creditors, but I want everything with them to stay the same as it is now.

Some of my unpaid things have gone to collections. Do I list the collection agency, or who the debt is originally with, on the Matrix?

Last question... :) In the Executory Contracts and Unexpired Leases schedule, I assume that I have to list my apartment rental there. Is this correct? Also, do I need to list my cellphone and gym membership? Will this harm any of them?
Thanks!
 
Last edited:


Ladynred

Senior Member
Bounced checks and payday loans can all be discharged in BK and listed on your schedules.

The exemptions would protect your car, but you're upside down on it, so no need to even use that exemption. NC does NOT require reaffirmations or redemption to keep secured property, so yes, you can keep paying and keep the car w/o reaffirming. BUT, if you miss any payments they can still repo the car, they just can't nail you with any deficiency amount if they do.

The apt lease, cell phone and gym membership go onto the Unexpired and Executory contracts section, but they will NOT be notified of your BK UNLESS you choose NOT to continue those contracts.
 

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