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    Disposable income question

    Now this really got me thinking. It was posted by Justbroke.


    "These Trustees are starting to get me mad. I have seen where Trustees want to look into the future and say a "car payment" that ends 2 years from now will give you disposable income. However, the Bankruptcy code is clear that it's any contractual payment due after the filing date. It does not specify the time. "


    What is going to happen to me with this scenario.

    File September 1st
    Last car lease payment of $190 will be paid September 1st
    I will need to replace the car that will be going back September 30th with a new car payment or lease payment of equal amount. Will I be told that I can't have that expense because the contractual agreement has ended? Will they say I will have $190 disposable income and throw me into a 13? Honestly, If I don't have a car I won't have any income period. LOL Isn't a schedule J looking forward to what the expenses will be after bk? I have to admit that the timing stinks for me to need a new car but it is what it is.

    This car thing is the most bothersome to me about my whole bk. It keeps me up at night. ugh
    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
    What do you plan on doing about a car? Would it be possible to get the new car loan before september 1st?
    Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
    ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

    Comment


      #3
      Originally posted by teacher View Post
      What do you plan on doing about a car? Would it be possible to get the new car loan before september 1st?
      I would like to buy a car with about 50% down (gift from mom) after bk. I would need to put that much down so that I could have a low payment. I can't do that now because I am in Florida and the exemption is only $1000 for equity in a vehicle.

      To be more clear on my original post ...I want to file August 1st not September 1st.
      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

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