Buying Car Before Filing

[frankies_mom]

I will be filing Chapter 7 in the next month or so. Our 94 Toyota is causing us a lot of trouble all of a sudden (of course!). We are taking it into the shop tomorrow to get an estimate. My question is if it is not worth it to fix is it OK for my husband to buy a car on his own to replace it (he is not filing with me). I will be asking my attorney if it looks like we will be needing a new car but just wanted to get some advice. Does it look bad if we purchase a new car or should we try to put it off if we can until I file and my 341? My husband would get it on his own since my credit is so bad now anyway I don't even know who would approve me. Any thoughts appreciated!

[juststupid]

We bought an SUV in January because my car was on the fritz and just way too small for our family since we had our second son. I asked the attorney about it and he said that as long as we had a loan, and are current on payments than there should be no problem.

But since you husband isn't filing with you and it will be in his name than there should be no problem.

[jal1129]

The only problem I can see is if the car is in both of your names now and you trade it to buy a car only in DH name. If the car you have now is in only his name and he trades for another car only in his name and he is not filing I don't see how this would affect you.

[frankies_mom]

Thanks so much for the advice. The car we have that is maybe on its way out is not in my name so it looks like that would not be an issue. We do have a baby girl and it would be nice to get a bigger car. But if we can salvage what we have for a bit longer I think we will do that. Unless the repair bill is more than what the car is worth!