As in my last post, I just filed ch.13. I have a concern about a boat that I am surrendering. Just a quick history about me. My wife and I divorced last October and have since got back together and are back living in the same household. Now....I am surrendering a boat that will probably have a $18,000 deficiency, basically would be unsecured in my 13 plan. When I applied for the loan I did it in my name and put my wife's and mine combined household income on the app. I have always done this on applications, mostly because I was told at one time it would be ok to list your household or "tax return" income. I got the loan through Wachovia dealer services, which they are a very large lender and I'm concerned (after reading more about bankruptcy) that they might try to claim fraud. At the time I got the boat, it was not my intent to file bankruptcy later. I had intended on repaying this debt. Unfortuanately, i didn't get the income that I was expecting to get from an investment property as well as bonuses that were not paid through my job. So...what I was stuck with at the time I decided to file, was an additional mortgage payment and much less income. Would anyone think that such a large lender would put all the time and effort in trying to prove fraud. Is this even technically fraud?? Any insight would be appreciated.
Thank You,
Phil
Thank You,
Phil
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