Q: I filed chapter 13 pro-se and had 341 meeting. Trustee said I filed wrong plan and should find an Atty.
I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I can make payments I will soon need thousands of dollars in dental work and have needed to homeschool my child since the public educational system does not have the ability to meet my childs needs. I see that the chpt 7 forms are similar to Chapter 13 and will not have to RE-DO much. My BIG question for an ATTY that knows the law is: will my truck debt be discharged because my "Income" is 100% Disability income and to reaffirm would create undue hardship. I need to keep my truck, it will last 20 plus years and I live in DEER and drunk driver country. Will the trustee force me to sell my truck to pay unsecured debt leaving me with no vehicle, or force me to buy an older "unsafe and worn out"vehicle
A:
You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:
A car for every licensed drive in the household or anyone dependent on transportation.
You truck note will note will not be discharged, but you can reaffirm it and it will survive the bankruptcy so you can continue to pay it off.
This is just a sketchy outline. Go see a lawyer, they usually can work out a method for you to pay their fees and that is better than you making a huge mistake.
By the way, are there in drunken deer in your part of the State!
Good Luck
d
A: You need an atty badly. Short version, keep the truck, pay for the truck. Give up the truck, debt discharged.
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