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Lawyer says I can't file chpt 7, I think he's wrong...

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    #31
    Originally posted by johnnyp26 View Post
    I asked my attorney about the ride through, because we were thinking of doing it with one of our cars, but he said that the trustees do not allow it.

    I'll look into the income piece, as of Oct 1st my income decreased 30% so maybe that will help.
    You don't need to care if they allow it or not. You can INTEND TO REAFFIRM the debt on your petition, which is allowed. You just don't sign any reaffirmation agreements prior to discharge.
    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

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      #32
      Originally posted by OhioFiler View Post
      You don't need to care if they allow it or not. You can INTEND TO REAFFIRM the debt on your petition, which is allowed. You just don't sign any reaffirmation agreements prior to discharge.
      Couldn't they toss out my bankruptcy since I stopped paying on them almost 3 months ago if I all of the sudden brought them current then bailed at the end by not signing the reaffirmation agreement? I thought I had read someone who ran into that, and ended up getting their case tossed out. It certainly sounds like a good option, I'd love to do it if I can.

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        #33
        Originally posted by OhioFiler View Post
        I would recommend bringing the house and 2nd car current so you can deduct those expenses on your Schedule J. You can always do a ride-through on both and stop paying them after discharge. Once current you're a perfect candidate for a Chapter 7.
        Exactly.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #34
          Originally posted by johnnyp26 View Post
          Couldn't they toss out my bankruptcy since I stopped paying on them almost 3 months ago if I all of the sudden brought them current then bailed at the end by not signing the reaffirmation agreement? I thought I had read someone who ran into that, and ended up getting their case tossed out. It certainly sounds like a good option, I'd love to do it if I can.
          You have to bring them current to file a Chapter 7 anyway.

          Your petition is a picture of your situation at exactly one moment in time. You may plan to keep the house and car at that time and change your mind after discharge.
          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

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            #35
            Originally posted by OhioFiler View Post
            You have to bring them current to file a Chapter 7 anyway.

            Your petition is a picture of your situation at exactly one moment in time. You may plan to keep the house and car at that time and change your mind after discharge.
            Ok, I am going to look into doing that. It's going to take a lot of money to do, but maybe the finance company will work with me.

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