Legal Question in Credit and Debt Law in New York

Re: Car Lease

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Re: Car Lease

This is a more interesting question than the other lawyers seem to think. Since you filled out a credit report including your job, it can be argued that the loss of your job because of illness means that the conditions/assumptions of the lease contract are no longer as the parties had agreed. Under this analysis (impossibility is the legal term), the lease is null and void.

This is a solid theory and if a law student neglected it on an exam, he would not pass. On the other hand, the fact that the other lawyers did not refer to it makes me think that it is good, but may not be a 100% slam dunk!

I recommend you return the car at the first opportunity and talk to the company. they may behave like people.

If they give you problems, I would be happy to assist you for very little. (I did 2 years of chemo myself).

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: Car Lease

There MIGHT be some hardship provisions under the law that MIGHT provide some relief, but I do not know of any particular law that would help. Usually, inability to pay (whatever the reason) is NOT a defense. Regardless of the reason, if you are unable to pay you bills as they come due you are, in effect, bankrupt and you can file for chapter 7, a proceeding in bankruptcy court where executory contracts (contracts like monthly lease agreemetns)CAN be ended. There are many things to consider before filing for such protection...but for MOST people, it is a relatively simple inexpensive way to deal with such problems AND GET RID OF ALL YOUR UNPAID OBLIGATIONS. You can find bankruptcy lawyers on this website, or in the classified ads of many newspapers. Get the price for the entire proceeding, plus filing costs and get it in writing that there are no hidden or additional costs. Make sure you provide the attorney if you go that way, with ALL the debts you have (don't skip ANYTHING) and provide a list of everything you own. That is all that the bankruptcy requires. There is one hearing in court before an attorney who is the TRUSTEE and all he is doing in the hearing is verifying that you have provided him with all the info you have...he does this by simply asking you if the info is true...there is no outside investigation. Being truthful and complete is the key and the benefit is you get a discharge from ALL your debts, with a few exceptions. It is worthwhile.