NoSpam
01-07-2004, 10:22 PM
I'm curious about something.. I'm in the second year of a Ch 13, I'm not
having any troubles making payments in the 13, but would be nice to have
some spending money to buy clothes.. Current ones are almost falling apart.
On a what if basis.. I haven't done it yet.. What would happen to my car if
I filed a ch 7 conversion from a 13. Would the car be repo'd. I was 3
months behind on the car payment when I filed. If I affirmed the car, would
I have to make those payments up and pay the monthly on top of that.. ??
Any advise is appreciated. I'm in Arizona.
Sharon
Brett Weiss
01-08-2004, 09:00 AM
You should check and see if the car lender has already been caught up
through the bankruptcy--priority creditors are paid first, then secured
arrearages, and only then general unsecured. If it's been caught up, and
there is no non-exempt equity, you would probably be able to convert and
keep the car.
Check with your attorney for more details.
--
Brett
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
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"NoSpam" <NoSpamHere@blah.com> wrote in message
news:OG6Lb.427241$J77.344489@fed1read07... I'm curious about something.. I'm in the second year of a Ch 13, I'm not having any troubles making payments in the 13, but would be nice to have some spending money to buy clothes.. Current ones are almost falling
apart. On a what if basis.. I haven't done it yet.. What would happen to my car
if I filed a ch 7 conversion from a 13. Would the car be repo'd. I was 3 months behind on the car payment when I filed. If I affirmed the car,
would I have to make those payments up and pay the monthly on top of that.. ?? Any advise is appreciated. I'm in Arizona. Sharon