Substantial Abuse? Got new(used) car in May

[upontheventura]

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?

 

[upontheventura]

Also, the car is the only debt i plan of reaffirming.

 

[bigun]

You should have no problems. $16K is a pretty reasonable ride.

 

[AttorneyOney]

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.

 

[upontheventura]

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.