Hi All... this is a sub-topic off of my thread "Attorney Arrested on Obscenity Charges"... hopefully y'all can help.
Prior to filing, my now ex-attorney and I discussed what to do with the vehicle I had at the time which was a lease on a Jeep Cherokee. He suggested that I give it back, since whatever I owed on it would go in as an unsecured non-priority debt. I told him that I couldn't get financed for anything and he asked if I had any family or friends that would be willing to get me a car. I told him I doubt it, but that I'd find out.
My b/f was willing to do this, and so I told ex-attorney and he recommended to me how to give the Jeep back. Once we bought the new vehicle I told him how it was purchased, the dollar amount, and the payments. In my means test, they put me down for the monthly payment on the vehicle in the exemptions.
In my 341, I learned that there was an "issue" with the car exemption - that because it's not titled to me, I can't claim it. The ex-attorney was going to look into this, and a separate issue with my student loans, but then well he got arrested and y'all know the rest.
This week I've met with two attorneys (neither which will receive a retainer for services from me, I'm going to try again with someone else today) and both say that I should be in a Chp 13 and both of them are saying that I can't claim any exemption on the car. The one said that he'd write up a lease for it, the other said there's nothing that can be done and to go back and make some documentation is illegal. He also said that the best option is to hope that the Chp 13 trustee will allow it.
Aside from myriad of problems that seem to be coming out of the woodwork with this case, this one is really bugging me. I went on the direct advice of my ex-attorney with this, and I'm very afraid that I'm going to be told that I have a Chp 13 payment that his huge and that the trustee is going to say no to the car. My b/f can't afford this car on his own, and he has excellent credit -- I do not want this to mess him up.
Your thoughts?
Thanks!
Prior to filing, my now ex-attorney and I discussed what to do with the vehicle I had at the time which was a lease on a Jeep Cherokee. He suggested that I give it back, since whatever I owed on it would go in as an unsecured non-priority debt. I told him that I couldn't get financed for anything and he asked if I had any family or friends that would be willing to get me a car. I told him I doubt it, but that I'd find out.
My b/f was willing to do this, and so I told ex-attorney and he recommended to me how to give the Jeep back. Once we bought the new vehicle I told him how it was purchased, the dollar amount, and the payments. In my means test, they put me down for the monthly payment on the vehicle in the exemptions.
In my 341, I learned that there was an "issue" with the car exemption - that because it's not titled to me, I can't claim it. The ex-attorney was going to look into this, and a separate issue with my student loans, but then well he got arrested and y'all know the rest.
This week I've met with two attorneys (neither which will receive a retainer for services from me, I'm going to try again with someone else today) and both say that I should be in a Chp 13 and both of them are saying that I can't claim any exemption on the car. The one said that he'd write up a lease for it, the other said there's nothing that can be done and to go back and make some documentation is illegal. He also said that the best option is to hope that the Chp 13 trustee will allow it.
Aside from myriad of problems that seem to be coming out of the woodwork with this case, this one is really bugging me. I went on the direct advice of my ex-attorney with this, and I'm very afraid that I'm going to be told that I have a Chp 13 payment that his huge and that the trustee is going to say no to the car. My b/f can't afford this car on his own, and he has excellent credit -- I do not want this to mess him up.
Your thoughts?
Thanks!
