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leased vehicle fees discharged ?

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    leased vehicle fees discharged ?

    Ok, I have a leased suv that I was wondering how this will all play out and how long I can keep the vehicle.
    My lease is up in the next couple of months, I plan to file in the beginning of Aug. Right now I am current . My question is this, since there will be over milage fees and a lease termination fee thats cost won't actually be incurred until after I file. How do I have to play this out so that I can have the suv as long as possible? I figured I would have to terminate the lease early, before I file, so that the expenses could be a part of the bk and get discharged. If I turn it in after I file won't I then owe those fees? How does surrendering it in the bk work, would it be just like a vehicle loan and I get to keep it until they file a relief of stay and the fees get discharged?
    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
    hasn't anyone had a leased vehicle's fees to deal with?
    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


      #3
      You will need to include the lease in the BK filling, meaning you plan on giving it up. If your lease is only a few months before its up and your filing bk7 now I would personally just include it. This means they will either come get the lease in a few months, like a repo or you just turn it in and you owe nothing.

      Any fees etc are covered since the lease contract will be included in the BK.

      Comment


        #4
        For example, my lease is not up for 16 months. I am just not going to reaffirm it in my BK7. This means as long as I keep up with payments I can keep it. I am going to save about 10k in cash in about 6 months and buy a new car. Since I didnt reaffirm I will be able to drop the car off at the dealership and since it was in the bK7 I wont have to pay any fees etc since the lease contract was never reaffirmed.

        Hope this makes sense.

        Comment


          #5
          Originally posted by Klesko View Post
          For example, my lease is not up for 16 months. I am just not going to reaffirm it in my BK7. This means as long as I keep up with payments I can keep it. I am going to save about 10k in cash in about 6 months and buy a new car. Since I didnt reaffirm I will be able to drop the car off at the dealership and since it was in the bK7 I wont have to pay any fees etc since the lease contract was never reaffirmed.

          Hope this makes sense.
          How many miles over the contract limit are you?
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment


            #6
            Originally posted by OhioFiler View Post
            How many miles over the contract limit are you?
            not very many...actually I thought I had more on it than I do. Maybe a couple of hundred for this many months in the contract. Actual contract is not up for a few months but it averages out to 1000 miles a month.
            There is, however, a turn in fee of $500 if you don't buy it....I don't want to have to pay that later when the contract is up, besides I may have more miles over the limit if I keep longer.\

            sorry, I see that this wasn't meant for me...oops
            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


              #7
              A lease is a different animal...you either Accept it or Reject it...

              Of course they may adjust lease terms for you but normally it is take it or leave it under the originaal terms. You better ask the attorney about this.
              7-2-2009 Filed
              8-28-09 341 Concluded, no assets
              10-28-09 DISCHARGED/CLOSED!!!!

              Comment


                #8
                Ok, I think I got this....
                include in bk, don't reaffirm, pay till contract end and then I am done, just walk away...no more money from me.
                OR
                include in bk, don't reaffirm, don't pay anymore and they come get it whenever they want and I owe nothing.

                All fees incurred after filing don't matter because it was included in bk. Sounds just like a loan, somehow I thought it would be different because it is a lease
                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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