Asked 2/12/2010
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Can i hide my car from repo man,if so, how long?which is more costly ch 7/or 13 for how long.?if i file ch 13 do i keep the hounds at bay. Iam behind on my car payments,will bk help me in anyway,?igot the car locked in a closed garage,and hav another auto outside parked behind it,cant seem to find a lawyer to help with taking payments,they want 3700,$.if i had 3700.$i would be able to make my car payments,but i dont and can not, any help would hejp out dearly,thank u. |
Answer 1/10 - Submitted 2/12/2010
Hate to say it but you really need to speak with bankruptcy lawyer. Different chapters of bankruptcy mean different things. One chapter may mean you can keep the hounds at bay, another chapter may mean something totally different, and the laws have changed in the last few years making it more difficult. In the meantime I would make sure the garage windows are covered, and look for another place to hide the car. These repo people are good at their jobs. Sorry couldn't be more help, been unemployed myself for 1 1/2 years. Good luck!
Answer 2/10 - Submitted 2/18/2010
Answer 3/10 - Submitted 2/18/2010
Answer 4/10 - Submitted 2/18/2010
By filing a Chapter 13, the car essentially becomes the "property" of the Chapter 13 bankruptcy trustee with whom you have to work to execute your Chapter 13 plan, a part of which might include "saving" the car. What this means is that the car cannot be repossessed once you have actually filed the initial Chapter 13 petition. But before you can file, you have to call one of the approved credit counselors for a relatively short session over the phone, for which you have to pay $50. The counselor will first see if you can avoid bankruptcy by coming up with a pre-bankruptcy plan, which, among other things, would not save the car nor would it stop anyone from hounding you. Since it appears you have very little in the way of assets or funds, you should be able to get signed off by the phone counselor. They will email or mail you the piece of paper you will need to COMPLETE the filing, but you will not necessarily need that to make the filing itself.
At the same time you will need to obtain the bankruptcy forms needed, and there are SEVERAL. They are available from different sources, but not necessarily online. I can walk you though that part when you decide what you want to do. The filing fee can be paid in installments over time, depending upon the local rules of the particular bankruptcy court in which you will have to file. (Where do you reside?) If anything is incomplete when you file the original petition, the bankruptcy court will give you a certain and but drop-dead date by which to complete everything you need, or else the case will be dismissed and you will not be able to file again for a period of time.
It is important to keep in mind that in filing a Chapter 13, your debts do not go away; they just become more manageable. Now, if it appears to the trustee that you cannot possibly pay your debts under the plan you submit, the case will most likely be converted to a Chapter 7. It is unlikely that you would be able to keep the vehicle you are hiding after that determination is made. At best, this would give you a few months.
If you "qualify" for a Chapter 7 filing, that would still halt any repo action for a month or more.
I believe, without knowing more, that your best course of action is to begin a Chapter 13 process.
It would be helpful if you could ballpark your liabilities and assets.
I hope you find in this information a place to begin to take some action. Thank yo for your question.
Answer 5/10 - Submitted 4/6/2010
Answer 6/10 - Submitted 4/6/2010
A final thought to add to Pbred's information. Neither 7 or 13 will help you retain property unless you are current on the payments; both 7 and 13 will create an automatic "stay"; and in a new york heartbeat , they will file for an order to lift the stay becvaue you are not current, and this is a secured loan. Your atty or even you, can negititae "holding off on the stay" if you can get caught up; if youa are un 13, you reaffirm, the monthly payments wil be part of your monthly payment to creditors. and if you at late one time, in the 3or 5 years, the court will either dismiss your BK and you are right back where you started, or will have tyou chnage a 13 to a 7.
Make use of the free consulation that almost all Bk attorneys offer. They would have to know about your job, how much you earn, your home situations how much other debt , etc.
Answer 7/10 - Submitted 6/10/2010
I did a chapter 13 when I had my job then lost my job 3 months later and then still have not found a job and the courts dismissed my BK and then my car was repoed , now I am am struggling even more , I want to file a chapter 7 but not even sure that will help me out now , and I am afraid I will loose my house if I did file chapter 7 , but the house loan is in my exs name , and I pay the payments and the house is deeded to me can the courts take it?
Answer 8/10 - Submitted 6/10/2010
Answer 9/10 - Submitted 10/14/2010
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