Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
Are you asking if you can file another Chapter 13 now?
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
You would be able to file another Chapter 13 now, as long as the previous one was filed more than 2 years ago.
But you would not be able to keep the car is you are not making the car payments.
The "is" in the last sentence should be "if".
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.
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
When was that Chapter 13 filed?
It is the filing date that matters, not the discharge date.
When was that case filed?
Was it filed more than 2 years ago?
the orgianl was filed in 2006 then i was dismissed and my lawyer went back and had them reactivate once within the month
Then you can file another Chapter 13 at any time.
Ok, so my payment would be higher in banckruptcy
If, and only if, you want to keep the car, your total car payment would be more than the current car payment.
Is this what you wanted to know?
I mean my monthly payment. would it be higher?
Which monthly payment?
For the car, or for your Chapter 13 payment?
Like my monthly payment is 549 to the delaer would that increase to the bacnkruptcy court or would it lower or stay the same
Your monthly payment would be the same.
Your monthly payment to the car dealer would be the same.
But you would also have to pay something each month to make up for the missed payments.
How many missed payments are there?
I tho;ught it would lower while i am in bankruptcy due to the amount of years it stays on y our account
The number of years it stays on what account?
The number of year what stays on what account?
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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