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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
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Customer Question

Can you buy a car and by the time you make your first payment you lost your job and now need to file chapter 13, i havent made a payment. and I was discahrged in January from a precious Chapter 13 with my husband. Now I would be filing by myself
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Are you asking if you can file another Chapter 13 now?

Customer :

Yes, and It would be in my name only and would I be able to keep the car as I have not made the first payment

cfortunato :

You would be able to file another Chapter 13 now, as long as the previous one was filed more than 2 years ago.


 

cfortunato :

But you would not be able to keep the car is you are not making the car payments.

cfortunato :

The "is" in the last sentence should be "if".

cfortunato :

You would be allowed to make up the missed payments in a Chapter 13, but you would have to continue to make the regular payments, in addition to a portion each month to make up the missed payments.

Customer :

I was dishcharged in January 2012 from Chp 13. So i cant file a new one in my name its been 8 months since i was diccharged with my husband

cfortunato :

When was that Chapter 13 filed?


 

cfortunato :

It is the filing date that matters, not the discharge date.


 

Customer :

discharged


 

cfortunato :

When was that case filed?


 

cfortunato :

Was it filed more than 2 years ago?


 

Customer :

the orgianl was filed in 2006 then i was dismissed and my lawyer went back and had them reactivate once within the month

cfortunato :

Then you can file another Chapter 13 at any time.


 

Customer :

You would be allowed to make up the missed payments in a Chapter 13, but you would have to continue to make the regular payments, in addition to a portion each month to make up the missed payments.


 



Ok, so my payment would be higher in banckruptcy

cfortunato :

If, and only if, you want to keep the car, your total car payment would be more than the current car payment.


 

cfortunato :

Is this what you wanted to know?


 

Customer :

I mean my monthly payment. would it be higher?

cfortunato :

Which monthly payment?


 

cfortunato :

For the car, or for your Chapter 13 payment?


 

Customer :

Like my monthly payment is 549 to the delaer would that increase to the bacnkruptcy court or would it lower or stay the same

cfortunato :

Your monthly payment would be the same.


 

cfortunato :

Your monthly payment to the car dealer would be the same.


 

cfortunato :

But you would also have to pay something each month to make up for the missed payments.


 

cfortunato :

How many missed payments are there?


 

Customer :

I tho;ught it would lower while i am in bankruptcy due to the amount of years it stays on y our account

cfortunato :

The number of years it stays on what account?


 

cfortunato :

The number of year what stays on what account?


 

Customer :

So I can refile and keep the car and since I am only missing one payment. Is there a chance they wont let me keep the car. I traded in a car worth $3000. Do they ever make you give the new car back if that is all you have

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