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Purchasing a new car before filing

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    Purchasing a new car before filing

    If someone here believes they can help me out with this one please do. I have read that is sometimes best to buy a new car before filing so you have no equity in your car. I have thought much about this one and here goes... If we have 2 cars that only have less than a year left on each of them should we go and trade these in or at least one of them in before we file??? If so, our credit is in the toilet now so who would finance us. Any recommendations here? I hear Ford credit is a good one. There is a possibility that we may not be able to file 7 and if that is the case than we will need a car before that 5 year mark is up. Please reply!
    08-2009:Quit Paying Credit Cards
    04-2010:Hired 2nd Attorney;05-2010:Filed 7
    06-2010:341 Meeting (went very well)
    08-24-2010: Discharged; 09-02-2010 Closed!!

    #2
    Ann, whether you should replace one of your cars before filing depends on a lot of things.....(1) your state's vehicle exemption and whether it and any other exemptions can protect all the equity you have in both cars, (2) the current condition of the cars, (3) your current credit worthiness, and most importantly, (4) whether being pushed into a 13 is a real possibility or just a fear.

    Sit down with your lawyer and discuss your situation thoroughly. Ask what he/she would do about cars if in your shoes.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      [QUOTE=lrprn;311751]Ann, whether you should replace one of your cars before filing depends on a lot of things.....(1) your state's vehicle exemption and whether it and any other exemptions can protect all the equity you have in both cars, (2) the current condition of the cars, (3) your current credit worthiness, and most importantly, (4) whether being pushed into a 13 is a real possibility or just a fear.

      Sit down with your lawyer and discuss your situation thoroughly. Ask what he/she would do about cars if in your shoes.[/QUOTE What would you do if you only had 1 year left on both cars? I could trade them in (both are in good condition) and get something that would last me should I file for 13... How would that look though? Buying new cars right before filing?
      08-2009:Quit Paying Credit Cards
      04-2010:Hired 2nd Attorney;05-2010:Filed 7
      06-2010:341 Meeting (went very well)
      08-24-2010: Discharged; 09-02-2010 Closed!!

      Comment


        #4
        I chose to purchase and finance 2 used cars with 6 year loans because we have about zero chance of getting a ch 7 and I wasn't particularly happy with the two paid-up cars that we already had and I had to act before our credit went too bad on us. My payments are a little higher than the ownership allowance they give you in a ch13. Luckily, since you already have a payment, you can still use that expense if you go the chapter 7 route.

        I hate to encourage anyone to get into debt but if you're feeling fairly secure about your job and fairly sure you'll get stuck in a ch13 it might be worth considering. I felt like , I'll be damned if I'm paying some credit card with money I could be spending on a car for myself.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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