Q: I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when
I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when we made less. But my car has stopped working so i need to trade it in to buy a new one. Is that going to prevent me from filing chapter 7 in a few months? Are there any negative ramifications ?
A: You need to re-discuss your bankruptcy eligibility questions and options with the same lawyer or a different bankruptcy lawyer in your geographic area.
It is important to remember that virtually everyone "qualifies" for one type of bankruptcy or another (Ch 7 vs 13 vs individual 11, etc.). It sounds like you and the lawyer discussed Chapter 7 only. Chapter 13 in particular is always available if you have income flowing in.
The impact of a new vehicle purchase upon a subsequent Chapter 7 or 13 filing is something you need to discuss in private with a bankruptcy attorney, preferably before you trade in the other vehicle or purchase or lease a new one, to enable the attorney to give you good, proactive advice.
A: Chapter 13 is availsble to you if you make too much money to qualify for a 7. As long as you continue to pay for and insure the car you’re about purchase, that should not negatively affect your filing later.
A: Here's your possible negative ramification: Be aware of the following 30 day rule if a car loan is obtained on a vehicle right before you file bankruptcy. If your new car lienholder does not properly perfect its lien within 30 days of you taking delivery of the vehicle, then the Chapter 7 Trustee can void the lienholder’s lien and that allows the Trustee to sell your car. You will get nothing, and you lose any money you had put down and/or the trade in value of your old vehicle. Lien date controls not issue date.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.