Will this trigger an AP?

[rjmwx81]

My situation is a little odd so bear with me. I've been thinking about filing for some, but I had hoped to save up some money for an attorney. Unfortunately, my car died and I had to purchase a replacement, and, of course, had to finance it.

Now I bought the car at the end of August (with a $1000 downpayment..there went my attorney fee) and plan to file in mid-October, shortly after the first car payment is due. I plan to reaffirm, or at least try to reaffirm, the car loan.

My question is, can the OTHER creditors file any kind of objection based on the vehicle purchase? Can they attempt to have the entire BK thrown out based on that transaction, or can they only try to show that THEIR debt is non-dischargeable?

[ccsjoe]

You are ok, you need a vehicle, you intend on keeping it, so it's not like you entered credit with intent to defraud. And to my understanding, no, other creditors can not object to the purchase, only trustee. And in all likelihood the latter will not happen either.

[catleg]

You'll be fine.

In answer to your question, creditors can only try to get their own claims ruled non-dischargeable, I believe it would be the trustee who is responsible for deciding whether your case is abusive and if it's worth dismissing. After all, once a creditor does get a claim made non-dischargeable (which rarely happens) the rest of the proceeding is no longer any of their concern, except it would then be to their benefit for you to get every other debt discharged, right?

[HHM]

My situation is a little odd so bear with me. I've been thinking about filing for some, but I had hoped to save up some money for an attorney. Unfortunately, my car died and I had to purchase a replacement, and, of course, had to finance it.

Now I bought the car at the end of August (with a $1000 downpayment..there went my attorney fee) and plan to file in mid-October, shortly after the first car payment is due. I plan to reaffirm, or at least try to reaffirm, the car loan.

My question is, can the OTHER creditors file any kind of objection based on the vehicle purchase? Can they attempt to have the entire BK thrown out based on that transaction, or can they only try to show that THEIR debt is non-dischargeable?

Not a problem, don't worry about it. Also, if at all possible, DO NOT REAFFIRM.

[rjmwx81]

Also, if at all possible, DO NOT REAFFIRM.

I don't have a lot of choice since I need a car, but I figure that, since I'm going to be showing very little disposable income on my Schedule J the judge is probably going to deny it and force me into a drive-through. I believe you've commented on one of my other threads that there's very little chance of a repo as long as I keep paying. Honestly as long as I can keep the car I'm not that worried about it, the payment is not great, but manageable.