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got my 341 date and I'm not reaffirming my vehicle

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    got my 341 date and I'm not reaffirming my vehicle

    I checked on PACER and found my case and got my 341 date. It's for late April, which is great because it won't interfere with some very important doctor's appointments we have coming up. I have also decided to not reaffirm my car. It's financed through Ally and my payments are over $400. I love my car, but it has some things wrong with it and today, the "check engine" light came on. According to the manual, it's something wrong with the emissions system. I plan on taking it in and getting the error code checked, just to see what the problem is. It's a 2008 and isn't even in production anymore and I would rather not pour more money into it. Also, my husband and I are starting the process of IVF next month and are facing the possibility of multiples, in which case, we will need a bigger car or even a van.

    My attorney has said that the judge in my district absolutely hates reaffirmation agreements, so we are just going to try and do a ride through and see how Ally responds. How soon after my BK is discharged can I qualify for a new vehicle loan? I don't want to spend any more money on my current vehicle than necessary if I'm going to be giving it up eventually.

    #2
    Alley sent us a letter with reaffirmation papers attached, we do not want to reaffirm our truck either. It doesnt say anything about taking the truck back. So we hope to do pay and drive thru ourselves.
    chpt 7 ,5-2009

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      #3
      FYI - it is usually free to take in a vehicle to a dealer and have the code checked to see exactly which part of the emissions system isn't working properly. Many - most - emissions components are required by federal law to be covered under warranty for up to 8 years or 80,000 miles. Some states require an even longer period of time.

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        #4
        Originally posted by xraya View Post
        Also, my husband and I are starting the process of IVF next month and are facing the possibility of multiples, in which case, we will need a bigger car or even a van.
        Speaking from experience, IVF is enormously expensive and enormously taxing emotionally. Also in my experience, adoption (locally, via the state or county programs - kids removed or surrendered to the state) is a very rewarding experience. As well, all states provide some level of financial and medical support for the child until they reach age 18. Think about it and get some input before IVF. We spent six figures on IVF and came up empty, and now have two adopted daughters that we thank God for every day. Well, most days anyway...

        Originally posted by xraya View Post
        How soon after my BK is discharged can I qualify for a new vehicle loan?
        About a day after discharge. You will need a down payment (probably) and get a not-so-attractive interest rate (probably) but getting a secured loan isn't that hard.

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          #5
          IVF is covered by health insurance in MA. Our max out of pocket will be $1250. Adoption isn't an option for us right now.

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            #6
            Originally posted by btbeme View Post
            FYI - it is usually free to take in a vehicle to a dealer and have the code checked to see exactly which part of the emissions system isn't working properly. Many - most - emissions components are required by federal law to be covered under warranty for up to 8 years or 80,000 miles. Some states require an even longer period of time.
            Advanced Auto parts,autozone does it free if you dont have emmissions in your area and its running fine dont worry about it had more then one like that
            presently 06 f-450 sd@210k and still rolling

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              #7
              as far as the check engine light goes, I took it Autozone and the code that was reading out said it was a sensor. My husband's uncle is a mechanic, so we bought the sensor that's needed and he was going to replace it for me on Tuesday. But this morning the check engine light went away! So I'm going to take it back in and have them check it again to see if my car is spitting out any codes. If not, I think we're good. I'm still planning to get a different car in the future because this one does have a lot of other little problems that when fixed will add up to big bucks.

              Comment


                #8
                You are cleaning out your finances so do the same with as much of your life as you can, including a money pit car.

                As soon as we filed we got about two dozen letters from the bankruptcy department at car dealers for new cars. We were pre approved for 30k to 40k for a car off the lot. Interest rate was high but it would have been doable. The dealers know that their risk is reduced since you owe nothing to anyone else and you cannot file again for eight years. Just be careful you don't put yourself back into financial trouble again by over extending.

                A fresh start is a wonderful experience.
                Lawyer - $3000
                Filing fee - $299
                Fresh Start - Priceless

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                  #9
                  Originally posted by xraya View Post
                  as far as the check engine light goes, I took it Autozone and the code that was reading out said it was a sensor. My husband's uncle is a mechanic, so we bought the sensor that's needed and he was going to replace it for me on Tuesday. But this morning the check engine light went away!
                  This is typical of many emissions issues. An error code will clear itself after a certain number of hours or starts without a problem. Not that the underlying issue has gone away; just that the sensor is no longer reporting a problem and hasn't for xxx number of miles... Ten bucks says it was an oxygen sensor - they are infamous for getting a bit of crud on them (or a slightly corroded connector or wire or a bad tank of gas from a cheap station, or...).

                  Regardless, I'd add two things here... One, for certain, beware the vehicle that nickel and dimes you to death - but realize that you can make a lot of repairs for less than a car payment for the next several years. Second - my asthmatic daughter thanks you for your attention to the emissions problem.

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                    #10
                    well I had my 341 on Tuesday and my Report of No Distribution showed up on Pacer today! Woohoo!

                    I asked my attorney when I could start looking for a new vehicle loan and she said technically, I could start now, but most lenders want to see a discharge issued first. My plan is to not make anymore payments on my current vehicle and save that money to use as a down payment on a new(er) car when the time comes. According to my attorney, my lender won't repossess my car until my case is closed at the earliest and maybe even later than that. Anyone have any experience with Ally on this?

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                      #11
                      I know this is my first post but i could not hold back. First of all congrats on your 341 meting. And most importantly i wish you the best of luck with you IVF. Me and my wife did 3 IUI's and 2 IVF's. Now we are the proud parents of twin girls. It is hard to deal with but worth every momment.

                      Comment


                        #12
                        Originally posted by xraya View Post
                        According to my attorney, my lender won't repossess my car until my case is closed at the earliest and maybe even later than that. Anyone have any experience with Ally on this?
                        While it requires the lender to apply for and receive a Relief of Stay in order to repo before the discharge, I can pretty much tell you that it wouldn't be long afterwards when Ally (or any other company) would repo if you were 2 months late. So, if you need to, you can call them after discharge and ask them when they would do it. Make sure your stuff is out of the vehicle and that you have a friend to give you a ride home if they repo from the grocery store parking lot.

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