Can this be added to the Bankruptcy???

[djnikki1]

I financed a van through Carhop (shady place) for $7500 and they did not fully disclose the condition of the vehicle or what the vehicle was used for prior.  I have had the vehicle for a month and the front end shakes really bad and is unsafe to drive with 2 children in the car.  My chapter 7 discharge is not set until 7/27/2015.  I am acting pro se since I fired my attorney.  What should/can I do?  

[TRC_WA]

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@djnikki1 wrote:

I financed a van through Carhop (shady place) for $7500 and they did not fully disclose the condition of the vehicle or what the vehicle was used for prior.  I have had the vehicle for a month and the front end shakes really bad and is unsafe to drive with 2 children in the car.  My chapter 7 discharge is not set until 7/27/2015.  I am acting pro se since I fired my attorney.  What should/can I do?  

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Hire a different attorney.

[ezdriver]

You did not say whether or not you reaffirmed the auto loan. If you did not, then the auto loan will automatically be included in your discharge and the vehicle may be repossessed and/or abandoned. Did that asset not come up in your filing of your assets and debt schedules? Advise here should not be used as a substitute for legal counsel. Ratain an attorney.

[0REDSOX7]

I think what needs to be asked is, did you take out this loan before or after you filed?

If it was after, you are SOL...as, any new debt incurred after filing is not able to be discharged.  If you financed it prior to filing, you can have it discharged.

[TRC_WA]

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@ezdriver wrote:

 Advise here should not be used as a substitute for legal counsel. Ratain an attorney.

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My point exactly. 

[djnikki1]

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@0REDSOX7 wrote:

I think what needs to be asked is, did you take out this loan before or after you filed?

If it was after, you are SOL...as, any new debt incurred after filing is not able to be discharged.  If you financed it prior to filing, you can have it discharged.

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It was after filing since my fired attorney screwed me over by having them pick up my vehicle without notifying me beforehand.  Just moved cross country to a new state and did not know where to turn to for a vehicle.  I have talked with an attorney here in Colorado and will be filing a case against the car company for selling me a lemon.  And also reporting them to the Department of Revenue for Colorado.

[StartingOver10]

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@djnikki1 wrote:

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@0REDSOX7 wrote:

I think what needs to be asked is, did you take out this loan before or after you filed?

If it was after, you are SOL...as, any new debt incurred after filing is not able to be discharged.  If you financed it prior to filing, you can have it discharged.

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It was after filing since my fired attorney screwed me over by having them pick up my vehicle without notifying me beforehand.  Just moved cross country to a new state and did not know where to turn to for a vehicle.  I have talked with an attorney here in Colorado and will be filing a case against the car company for selling me a lemon.  And also reporting them to the Department of Revenue for Colorado.

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Aren't those CarHop vehicles sold AS IS? If you have an attorney that is taking this on as a lemon law type case - seriously consider reviewing your choice of attorney.

Please reconsider your path. You have already filed Bk and now have a default immediately after filing. Is there a way you can save this deal from being a repo? I ask that because it is extremely difficult to overcome derog's after a Bk from a credit POV.

Most of us are not attorney's. The info we have is from our own filing so it is limited to our experiences. You need a good attorney to straighten out this mess before it gets worse. GL

[djnikki1]

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@StartingOver10 wrote:

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@djnikki1 wrote:

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@0REDSOX7 wrote:

I think what needs to be asked is, did you take out this loan before or after you filed?

If it was after, you are SOL...as, any new debt incurred after filing is not able to be discharged.  If you financed it prior to filing, you can have it discharged.

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It was after filing since my fired attorney screwed me over by having them pick up my vehicle without notifying me beforehand.  Just moved cross country to a new state and did not know where to turn to for a vehicle.  I have talked with an attorney here in Colorado and will be filing a case against the car company for selling me a lemon.  And also reporting them to the Department of Revenue for Colorado.

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Aren't those CarHop vehicles sold AS IS? If you have an attorney that is taking this on as a lemon law type case - seriously consider reviewing your choice of attorney.

Please reconsider your path. You have already filed Bk and now have a default immediately after filing. Is there a way you can save this deal from being a repo? I ask that because it is extremely difficult to overcome derog's after a Bk from a credit POV.

Most of us are not attorney's. The info we have is from our own filing so it is limited to our experiences. You need a good attorney to straighten out this mess before it gets worse. GL

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The vehicle is only sold AS IS if  you sign a document saying you understand that and is only valid if the company fully discloses what is wrong with the vehicle.  I never signed anything related to that, only a document that stated I read the warranty.  Those are my rights with Colorado found on the Department of Revenue's website.  I am still paying on the vehicle, but it no longer runs.  I just hate throwing my money away on a vehicle that no longer works.  Does not seem right after a month of having it.  I am inquiring about Bankruptcy rules and not asking legal advice.  I will take my chances filing the lawsuit and see what happens.