Leased Vehicle Excess Mileage Charges under Chapter 13 filing

[Biff72]

My Chapter 13 was confirmed back in May 2007. I have a 2005 leased Lexus that was part of the filing and not reaffirmed. I have been making the monthly lease payments on time (separate the Bankrutcy payments). My lease comes due 12/1/08. In the event I can't get a loan to buy it, I will have to turn it back to Toyota Financial. With over 107,000 miles on it, my excess mileage costs will be $12,000 +/-. I was told (by an armchair attorney) that since I didn't reaffirm the lease, I wouldn't be responsible for the excess mileage costs. Does anyone know if this is true or not?

[jessegirl]

I am also interested in the answer. I have a lease that i am over 30K miles alaready and it doesn't go back for another year.

[mynameainttracy]

I think you would be responsible because it is a debt incurred after you were confirmed. That is why we traded in our lease before we filed.

[biotechsolution]

you might be okay since you are in a chapter 13 instead of a chapter 7. Since in a 7 once your file any debt after your file you would be responsible but it may not be same situation with a lease in a 13.

[maddog2112]

My lease was up a year afte I filed my 13. I turned the vehicle in to fifth third bank with 10k miles over the limit and was never charged any extra fees. I think theyre just happy to get the vehicle back. Good luck.