Legal Question in Bankruptcy in Georgia
Hi,
I signed into a reaffirmation agreement for a car loan when filed chpt 7 as *pro se* .(I know I'm a total idiot, but I did it in good faith) I have been paying that loan for 4yrs, but after the discharge on (05/10) I was 4 payments behind and they attempted repo, so I surrendered the vehicle, because they did not want to set me up on a payment arrangement. My question is, can I file for a chpt 13 now if I'm collecting unemployment and include that reaffirmed loan so it gets returned back to me n make minimal payment on it while keeping it without being sold at auction? What are my options to avoid being sued for the difference if sold? Please help me.
Thank you in advance.
Judy
2 Answers from Attorneys
You have to have regular income to file a Chapter 13. Even if you could include unemployment (and that alone raises many problems for a potential Ch. 13), that obviously will come to an end at some point. Further, if you surrendered the vehicle you can keep it, because obviously you do not have it. Once that happens, it is gone (with very, very few exceptions). It is often auctioned pretty quickly. I am sure you know based on your post that you would not get a discharge of that debt anyway. You know you made a mistake in the first BR case without a lawyer, and apparently you now regret surrendering the vehicle without checking your options. Even though the answer to your question is probably pretty clear, after all you have done to this point, why are you not calling a Bankruptcy lawyer with your questions? Had you done it before you surrendered the car, there might have been some small chance of keeping the car (though if you are unemployed, it is likely your Chapter 13 case would not have gone very far given your situation). You have compounded the problems. Please consider this a potentially expensive lesson, as harsh as it may sound.
You might want to pay a lawyer a small fee to review the case file and see if the reaffirmation was ever properly approved and filed, just in case you got lucky.
Related Questions & Answers
-
I have recently filed bankruptsy and I need to terminate my apartment lease early.... Asked 5/19/10, 12:11 pm in United States Georgia Bankruptcy Law
-
I ordered and paid for 5 bridesmaid dresses through this business and now the... Asked 5/18/10, 12:15 am in United States Georgia Bankruptcy Law
-
I filed bankruptcy 6 years ago. My house was included. I have been voluntarily... Asked 5/11/10, 5:41 am in United States Georgia Bankruptcy Law