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how soon before filing can I buy a car

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    how soon before filing can I buy a car

    I am returning a loan car and a lease car and I will have nothing to drive if I don't do something soon. I can't buy something outright because florida only allows $1000 equity in a vehicle. I have a plan to get a loan at 4% interest for 2 years on a used car. Great deal . Anyway, how far away from filing is it best to get a new car loan. Are there a certain number of payments I should make on it before filing. Dont' get me wrong I intend to reaffirm the loan, but don't want the whole thing to look bad. I plan to file Aug 1st is it to late to get a new loan?
    thanks
    Southern District of Florida
    Filed Ch 7 - 8/6/09 341 - 9/14/09
    Report of No Distribution - 9/18/09
    DISCHARGE ! 11/23/09 Closed 12/8/09

    #2
    You can get a loan for the car make sure the loan is perfected before you file. and Don't reaffirm the loan.
    If the loan is not perfected the trustee can take the car.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

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      #3
      What does perfected mean?

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        #4
        I was told to get a new car before I filed and make a couple of payments...

        Good Luck!
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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          #5
          Perfected loan = lien is properly placed on the property.

          Official definition here:
          security interest in collateral securing a debt protected from claims by third parties. To properly file a lien and take a security interest in property owned by the borrower, a lender must file the lien with the appropriate legal authority. Perfection of a lien on real estate is accomplished by recording the mortgage deed of trust in public land records of a municipality, such as a town clerk's office.
          Perfecting a lien on stocks, bonds, or other assets owned by the borrower (known as personal property, as opposed to real property, or real estate) occurs when the lender files a financing statement listing the type of collateral securing the loan, and its location, in a designated filing place, generally the office of the Secretary of the State or a county recorder's office.
          The lender's financing statement gives the lender priority status ahead of creditors filing subsequent liens, and is valid for a five-year period. The filing date is recorded, and the lender's documents are assigned a file number. These documents contain a detailed record of the collateral pledged or taken by the lender, establishing the lender's claim against assets by the borrower in event that the borrower defaults or goes bankrupt.

          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

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            #6
            My first payment isn't due until June and I wanted to file in July.

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              #7
              Thanks Startingover. I hope it doesn't take too long.

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                #8
                curious... what is the reason for making a certain number of payments before filing. What does this accomplish or avoid?
                Southern District of Florida
                Filed Ch 7 - 8/6/09 341 - 9/14/09
                Report of No Distribution - 9/18/09
                DISCHARGE ! 11/23/09 Closed 12/8/09

                Comment


                  #9
                  Originally posted by doingpoorly View Post
                  curious... what is the reason for making a certain number of payments before filing. What does this accomplish or avoid?
                  My attorney didn't tell me why, but I think it's to show that you could actually afford the payments.
                  May 2008 Hired 1st Attorney/Stopped paying CCs
                  May 21, 2009 Retained 2nd Attorney
                  May 28th - Filed for Ch 7 (FINALLY!)
                  9/11/09 - DISCHARGED!!!!

                  Comment


                    #10
                    Startingover

                    I am in the process of getting a modification on my mortgage, does that information apply to me? I am waiting for the "official" documents to arrive, I have to sign and have thme notarized. Do I also have to wait for the lein to be filed?

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