Question about Vehicle

[ProjMgrNewb]

Hi All -

My Chp 7 was recently dismissed due to a comedy of errors (lawyer arrested on obscenity charges, he botched my case prior to his arrest, couldn't get a lawyer in town to pick up where he left off, US Trustee was on me like a vulcher on a carcass due to over median income and student loans), and I am now having to regroup to re-file. Not sure if it'll be a 7 again, most likely a 13.

Anyway... here's one of the (many) problems with my case.

Prior to my previous filing, I had a Jeep that was a lease. My ex-attorney advised me to give up the Jeep, then what I would owe for it would be considered as unsecured debt and get discharged. I told him that I was unable to get financing for a new vehicle at that time, and he asked if I had friends or family that would be willing to finance a car for me.

My boyfriend agreed, and he financed me a VW Passat. The car and financing are all in his name. A week later, I gave up the Jeep and notified my attorney. Two weeks after that, I completed all the filing paperwork with my attorney including the Passat as a vehicle expense, and the case was filed. I asked my attorney if I needed to have a purchase agreement or something notarized with my boyfriend to show that I am responsible for all payments/expenses with the car. Attorney said no.

Here's the rub... during my 341, I learned that the car was an issue because it's not in my name and I didn't finance it. I was just about to meet with the attorney to figure out what to do about this (and other issues he informed me about 15 minutes before the 341), and he was arrested the day before my appointment with him.

From the gist of it, I can't use the car as an expense because I don't "own" it. This means that it will look like I have extra $ to throw at a Chp 13. Trying to figure out what to do here.. we could sell it, but I need a car. I'm not sure how I can get financed now anyway, considering that I've got the previous BK plastered all over my credit report, soon I will have TWO filings on it.

Your thoughts/comments are much appreciated!

Thanks,
ProjMgrNewb

[OhioFiler]

Well if you can't take the auto expense you'll have to come up with some other expenses it its place. How much is the monthly car payment?

[ProjMgrNewb]

Car payment is $350, insurance is $55, tags $55 a year, estimate on maintenance around $600 - $800 a year (estimating high, VW's aren't cheap to maintain.. learned this after purchase )

There's no way I can come up with another $350 a month in expenses....

[Bex]

I would think your bfu would have to transfer title/place a lien against the title, just as any other secured debtor would.

Really too bad that your former attorney went round the bend--sounds like all the other professionals are scared of the messes he may have created...I guess you could always sue him for malpractice...of course, he's no longer practicing...but you could get a judgment...and send HIM to bk court--omg, this has all the makings of a feature film!!



Sorry to make light of your situation, I know this has to be making the most hellish situation even moreso--truly, tho, there has to be a way to accurately and legally represent the car situation, but you may have to keep knocking on doors until you can get a legal opinion. Hey, since it's so easy for them to refuse to take calls, what about a written letter??

[ProjMgrNewb]

Well, the title is in the b/f's name, with Chase as a lienholder... how does a transfer title work that way?

I've contemplated suing him, but he's got too many friends in high places around here. He gave my case to an attorney to handle, who use to be the president of the area bar association. He and I didn't get along - he wanted to convert me straight into a 13 without looking at the issues in the case at all. We had a personality conflict... I like to ask questions, he didn't like being questioned.

Looked into filing a complaint with the state bar association... they just send the complaints to the local bar association.. Fox meet hen house.

As for the car.. yeah, I don't know. I've spoke to four attorneys, all say I'm screwed.

It's okay to make light on the situation.. it's pretty sad, it's funny. Maybe it's something that could get the attention of the national networks.. Dr. Phil? Oprah? Heck, I'll even go with Maury, but I hear he's got the DNA test market covered right now and doesn't have time for bankruptcies.. LOL

Thanks for your input,
ProjMgrNewb

[ProjMgrNewb]

I have a question to add to this... maybe y'all could help.

My b/f owns his own car ('97 Grand Prix). What if he put the title of that car in my name? I'm thinking I'd be able to include it on the means, but what do I include for the budget since there would be no car payment?

Thx,
ProjMgrNewb

[jribe]

I have a question to add to this... maybe y'all could help.

My b/f owns his own car ('97 Grand Prix). What if he put the title of that car in my name? I'm thinking I'd be able to include it on the means, but what do I include for the budget since there would be no car payment?

Thx,
ProjMgrNewb

you would only get the vehicle ownership expense. no payment. Unless he "sells" you the car. Say $200 a month/3 year loan? Really would just need it notorized...

[ProjMgrNewb]

Would the trustee evaluate the value of the vehicle in that case to make sure that it is bought for a fair price?