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    #1

    Vehicle Question

    Hey all,
    Long time reader, first time poster, Like to say thanks for all the great info and advice posted on here.
    My situation is I had to retire early due to chemo treatment and now my wife and I live on my state retirement, but due to the early retirement I was unable to keep our home, it was foreclosed on and the second is coming after me in state court, luckily I had bought the house and second prior to my marriage so I am the only one responsible, but my question is reference to the vehicles we have, one is paid for and the other is financed, but both are in my wifes name including the loan, am i able to claim the expenses and loan costs even though they are in her name, our only income is my retirement income, which happens to be protected being it is a state retirement as a firefighter, I am in the Fla Southern district if anyone has any experience in this district as I realize every district may be different.
    thanks in advance for any help.

    Reference the means test and schedule j
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    #2
    Did I not post this in the right area

    Comment

      #3
      Originally posted by seFlaDude View Post
      Did I not post this in the right area
      You posted your question in the right forum, and I wish I could answer your question about the autos but I cannot. I'm hoping someone from Florida will jump in and be able to help you. Hang in there, it gets a bit busy in here some times and a question can be overlooked.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment

        #4
        You will probably need to check with a lawyer to be sure, but someone may chime in here with some links that may help.

        If you are the only one filing, then I don't believe you can claim the expenses. If filing jointly then you would be able too.

        Hopefully someone can shed more light.
        Filed 10/11/08 - 341 11/23/08 - Discharged 1/26/09
        2/19/09 Stipulation agreement reached w/trustee - Still awaiting Closed Status
        Check my blog at Steve's Bankruptcy Blog Watch day by day what happens with a PITA trustee! - Web Hosting by Broadband Hosting Web Hosting

        Comment

          #5
          You should be able to claim SOME transportation expenses, but I don't know how much. (Even someone who does not own a vehicle has transportation expenses.)
          Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
          (In the 'planning' stage, to file ch. 13 if/when we have to.)

          Comment

            #6
            Thank you for the responses so far, I thought you were allowed the expense being my income is the sole income of the household and you were allowed up to two vehicles regardless.

            Comment

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