Legal Question in Bankruptcy in North Carolina

I filed chapter 13 bankruptcy on 9/8/10

I have three secure creditor

1, Chrysler Financial, owed 17800, 300 Chrysler Basic edition 71000mile want to cramdown behind two payments do i have to put them in my plan or just the auto value, interest rate and payment amount.

2Aaron Rental and Grand furniture owed 1229 and 2779 to Grand Jugemwnt and wage garnishnment

for 4997 interest and fee. Aarons Two flat screen TV stole (Burglary 03/15/10) Grand evict in 1997

furniture put outside and property stole, Can i do a motion to avoid liens or what can i do. I have no

money so bankruptcy lawyer would not take my case and put the amount in the plan.


Asked on 9/12/10, 1:44 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

1. It depends upon when you purchased the car. If more than 210 days prior to filing, you can cram down the fair market value.

2. Aaron is probably a purchase money security interest. The filing stops the garnishment and you can get back money taken in excess of $600 in the 90 days prior to filing. The judgment lien can be avoided on real and personal property. It may be that they retain a lien on the furniture, but I doubt it. I think you keep the furniture if they did not repo earlier.

3. If the landlord was wrong in the eviction, you may have a cause of action for the value of the property taken from the street.

4. Save enough money for a retainer and hire a lawyer, it will pay in the long run.

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Answered on 9/20/10, 6:19 am


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