Well, lost my job on Friday and need to file BK ASAP.
Main thing I'm concerned about is there is a judgment against me for an accident. I wasn't drunk or anything, so its dischargable. I've been in a settlement agreement paying them $350 a month to keep my license and not have an SR22 Requirement.
Right now, I'm current on payments. I know if I default (done it before..) they get an Abstract of Court Record to send to the DOL who then send me a letter that gives me about a month to straighten it out, or lose my license. It takes about 2 months from the time they get the Abstract to the Suspension Date.
If my license gets suspended, I need to carry SR22 for 3 years. According to emails from the DOL, if I get a discharge before the suspension date, no SR22 requirement comes into play.
I've been reading a TON online, and some sites say that an automatic stay does NOT prevent a driver's license suspension.
If I'm current on payments, and the automatic stay goes in effect before they notify the DOL (no pending suspensions) of anything, wouldn't the automatic stay prevent them from taking further action against me (sending the abstract to DOL to get my DL suspended)?
If that doesn't work, would I be better off paying them 2-3 months advance so I don't default and by the time i miss a payment, i should hopefully have a discharge?
I can't afford SR22, as I'm 20 and don't have a car for me to insure, but have a special policy that lets me drive any car. They won't do that with SR22.
Another question. I'm applying for Federal Student Aid soon, as I need to go back to school. I plan on filing on April 5th, and applying for Student Aid on April 15th. Any negative effects?
Those are pretty much my worries about BK. I did the means test, and I failed it, so I get a Ch7. probably going prose in this
sorry for the long post, but I'm trying to be as detailed as possible.
Main thing I'm concerned about is there is a judgment against me for an accident. I wasn't drunk or anything, so its dischargable. I've been in a settlement agreement paying them $350 a month to keep my license and not have an SR22 Requirement.
Right now, I'm current on payments. I know if I default (done it before..) they get an Abstract of Court Record to send to the DOL who then send me a letter that gives me about a month to straighten it out, or lose my license. It takes about 2 months from the time they get the Abstract to the Suspension Date.
If my license gets suspended, I need to carry SR22 for 3 years. According to emails from the DOL, if I get a discharge before the suspension date, no SR22 requirement comes into play.
I've been reading a TON online, and some sites say that an automatic stay does NOT prevent a driver's license suspension.
If I'm current on payments, and the automatic stay goes in effect before they notify the DOL (no pending suspensions) of anything, wouldn't the automatic stay prevent them from taking further action against me (sending the abstract to DOL to get my DL suspended)?
If that doesn't work, would I be better off paying them 2-3 months advance so I don't default and by the time i miss a payment, i should hopefully have a discharge?
I can't afford SR22, as I'm 20 and don't have a car for me to insure, but have a special policy that lets me drive any car. They won't do that with SR22.
Another question. I'm applying for Federal Student Aid soon, as I need to go back to school. I plan on filing on April 5th, and applying for Student Aid on April 15th. Any negative effects?
Those are pretty much my worries about BK. I did the means test, and I failed it, so I get a Ch7. probably going prose in this
sorry for the long post, but I'm trying to be as detailed as possible.
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