Legal Question in Bankruptcy in California

First, was your attorney at your meeting of creditors with you? It is not the Trustee's responsibility or duty to provide you with legal advice, so he or she was proper to tell you that you should check with your attorney. Have you asked your attorney? Seems to me that is what you paid them for - to represent and advise you. Irrespective, you can borrow money to buy the car, but it does not involve a reaffirmation agreement. Instead, you will have to file a motion to authorize the loan. The bankruptcy court will review your financial circumstances, and will then determine if you are able to afford the loan, and will only approve it if they believe that it is in your best interests. So long as there is no equity above-and-beyond the loan, or that you have the ability to exempt the equity, then there is no liquidation issue for assets. The loan itself is not an "asset." The car, however, is. Contact your attorney and discuss a motion to authorize borrowing. He or she can evaluate what the odds of success are and advise you accordingly.

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