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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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My wife and I live in Tampa Florida, we plan to file Bankruptsy

Resolved Question:

My wife and I live in Tampa Florida, we plan to file Bankruptsy within the next 6-8mths, not sure if we will file Ch. 7 or Ch. 13. But leaning toward a 13 (trying to keep our Homstead Home) We have a 2nd vehicle we are selling because it has too many mechanicle problems.

My mother lives in Ohio and has a 2nd vehicle registered in her name and will let us use it like a lease, for ex. we will pay her $350- 400 a mth to use vehicle to cover lease and auto insurance. My quest is if we file a Ch. 13 or a Ch. 7 (to fit within the means test) will the Trustee allow us to use this arrangement as an added expence like it was registered in our own name and not count it against us as disposable income.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

What county are you in?

Customer: replied 3 years ago.

We live in Hillsborough County, Tampa Florida

 

Mom lives in Franklin Cty in Ohio.

Expert:  cfortunato replied 3 years ago.

You are allowed a transportation allowance. It does not matter if this expense is due to paying off a car loan, or leasing a car. There is a limit to the amount that you can spend on the lease. In your county, the limit is $496 to rent a car, and there is also a $239 per month allowance for operating expenses (insurance, fuel, maintenance, etc.).

 

Customer: replied 3 years ago.
Even though it is paid directly to a family member?
Expert:  cfortunato replied 3 years ago.
Absolutely! There is no requirement that the car be leased from a company.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

Will this effect my wifes car payment of $350.00 that we currently have on vehicle 1?

 

I just want to be clear we both can have the transporation allowance in either Bankruptsy the 7 or 13?

Expert:  cfortunato replied 3 years ago.

Thank you for accepting my answer!

The transportation allowance is per car, and each spouse is allowed to have one car. So, your wife can have a car loan of up to $496 per month, and you can have a lease payment of up to $496 per month.

The above applies to both - Chapter 7 and Chapter 13.

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