Filing 9/30 Car loan current to claim as expense?

[LuciluS]

I should know the answer to this question, but personal crisis has muddled my thinking. We quit paying on our CC's last year & are still struggling every month to pay our expenses due to medical bills.

Dh has a 2006 Dodge Dakota worth about $16,000 & we owe $21,000. Payments are $437.98 a month due on the 17th of each month & late on the 27th. We are seriously considering giving it up even though it will mean I will have to drive about 50 miles round trip to take Dh to work. Being 100% disabled, it will not be easy to do, but feel like it's our only hope to a fresh start. No, we cannot do a 722 redemption loan as the loan is with US Bank & they told me 722 is for new customers....that sucks!!

We are meeting with the Attorney on the 24th to finalize our BK. Do we need to make the Sept. car payment, check to reaffirm & then not sign the affirmation papers? Would we be able to keep the truck until we are discharged if we make the Sept. payment? We are going to have to ask Dh's boss for a cash advance if we make the Sept payment as we just don't have the money.

I've got to have a least two tankfuls of gas for my paid for 99 Toyota Van as my twin sister is having a double mascectomy Friday & I Need to be there (about 50 miles round trip) for that & drive up there the following Mon. & Tues to stay with her while her husband works. Dh's needs gas in his truck to drive to work Sun.

I didn't fill two of my prescriptions this past week as we would have been overdrawn in our checking account & I've never bounced a check or paid in our $500 overdraft limit.

Life's a Beach right now

PS Won't due any good to email or call Attorney as he has quit responding to my emails or phone calls as he has a new Paralegal who has never processed BK's before. So going over everything Thurs. with a 'fine tooth comb'.

[PdxDavid]

Our attorney said that we had to be current to claim the amount. I made sure to ask him again that we had to keep making these payments (955/mo on 2 vehicles) to have them on the budget. He said yes. We are not reaffirming these we are just not checking the box indicating surrender. I would imagine the judge would not let us reaffirm even if we wanted to.

[LuciluS]

I don't think the judge would let us reaffirm either if he agrees to our medical expenses which I have every medical bill, the EOB from our medical insurance & a copy of our check all attached together.

If he asks if we expect it to be as high for the coming year, we would be honest in saying yes because I need bladder surgery, will have to take the BRAC gene test since my twin sis has breast cancer & it runs rampant on my mom's side of the family and both of us will need extensive dental work.

If are monthly medical expenses are allowed, we will not need the $437 a month car payment to determine disposable income. Guess we will know what is allowable in our district/state when we meet with the Attorney this Thursday.

[TEW]

I should know the answer to this question, but personal crisis has muddled my thinking. We quit paying on our CC's last year & are still struggling every month to pay our expenses due to medical bills.
If you are filing BK why are you paying the medical bills?

Dh has a 2006 Dodge Dakota worth about $16,000 & we owe $21,000. Payments are $437.98 a month due on the 17th of each month & late on the 27th. We are seriously considering giving it up even though it will mean I will have to drive about 50 miles round trip to take Dh to work. Being 100% disabled, How do you drive?it will not be easy to do, but feel like it's our only hope to a fresh start. No, we cannot do a 722 redemption loan as the loan is with US Bank & they told me 722 is for new customers....that sucks!!

We are meeting with the Attorney on the 24th to finalize our BK. Do we need to make the Sept. car payment, check to reaffirm & then not sign the affirmation papers? Would we be able to keep the truck until we are discharged if we make the Sept. payment? We are going to have to ask Dh's boss for a cash advance if we make the Sept payment as we just don't have the money.
You can keep the truck as long as you keep paying ON TIME. And no you don't have to reaffirm that loan.

I've got to have a least two tankfuls of gas for my paid for 99 Toyota Van as my twin sister is having a double mascectomy Friday & I Need to be there (about 50 miles round trip) for that & drive up there the following Mon. & Tues to stay with her while her husband works. Dh's needs gas in his truck to drive to work Sun.

I didn't fill two of my prescriptions this past week as we would have been overdrawn in our checking account & I've never bounced a check or paid in our $500 overdraft limit.

Life's a Beach right now

PS Won't due any good to email or call Attorney as he has quit responding to my emails or phone calls as he has a new Paralegal who has never processed BK's before. So going over everything Thurs. with a 'fine tooth comb'.

good luck on your BK

[LuciluS]

good luck on your BK

Our medical bills range from $12,000 - $15,000 a year since 2005 when we were involved in an auto accident. I've had 7 surgeries & a spinal cord implanted. Dh has 5 bypass surgery in 2/07 & a pacemaker implanted in 6/07. As an OTR Truck Driver he was off work for 7 1/2 mths that year. Should have filed in late 2007 or early 2008, but I thought I could pull us out of our debts. Dh was hospitalized this April & the hospital alone was $1,695.12. We both have medical insurance; however, our prescription bill alone is $500 a month

I have permanent nerve damage in my left leg/foot. I can get around the house with a cane or my rollator. My van is equipped with a remote controlled lift for a scooter I use to get around in outside the home. Praise the Lord, my right leg is okay which I use to drive with to my doctor once a month (50 mile round trip). I go to the local bank and pharmacy. Besides that, I don't drive unless I have to.

Dh's truck payment was due 9/17 & we have a 10 day grace period, so it could be paid on the 9/27; however, if we pay the truck payment we will not have any money until 9/30. So we would be late on paying the truck payment.

We will be filed by 9/30/09 based on Mar - Aug 2009 income & the past 12 mths expenses. Our budget I gave to our Attorney's Paralegal shows our dmi at -$1,200 a mth. Make sense now?