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problem, my old car is in trouble

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jtmoy19607
Established Member

problem, my old car is in trouble

morning all,

 

ain't live rich for some people. I just paid off my car, I have not declared bankruptcy but thought about it previosly. Here is my problem, I have a good credit score, but a lot of debt. I have student loan debt that eats up 250, and my job pays about 1900 a month after taxees. my goal was to pay off my car and then focus on an unsecured loan of about 250 (not school debt). so I just paid off my car, but now the transmission is shot and the car is basically done. I am looking into purchasing a new car, but can't afford it and my other debts. So what if I buy a car and then declare bankruptcy, so I can get rid of the other 250 and rebuild my credit by paying down my car loan. what is the policy for that in bankruptcy court, would they look at it as exploitingg the system. I know  I can't run up credit and then try to discharge it. What should I do? And will I be able to keep the car if the loan is worth more then the car?

Message 1 of 31
30 REPLIES 30
llecs
Moderator Emeritus

Re: problem, my old car is in trouble

Do you feel that would be the right thing to do?

 

At first glance, your down payment for a new car would exceed the cost to fix your car and your initial costs to file BK would exceed the cost to fix your car too. You'd save money just by fixing it.

Message 2 of 31
Tazman81
Established Contributor

Re: problem, my old car is in trouble


@llecs wrote:

Do you feel that would be the right thing to do?

 

At first glance, your down payment for a new car would exceed the cost to fix your car and your initial costs to file BK would exceed the cost to fix your car too. You'd save money just by fixing it.


+1  ---  I agree.  You should just have your vehicle repaired.  Did you have a warranty on your vehicle that may be able to assist you with the costs of the repair?  It will cost more for you to hire a lawyer for the bankruptcy then it would to have your vehicle report.  Also as IIecs wrote, it will cost more for the downpayment of a new vehicle then it would for fixing your vehicle.  A 1 time expense is much better than a continuious monthly expense.  Do you have an emergency fund that you can tap into so that you can fix your vehicle?  As far as the purchase of a new vehicle before you file...  well, each state is different, but most bankruptcy courts look down upon that.  Not sure if this is a law or anything, but IMO, making a purchase knowing you are about to file is grounds for dissmissal.


Current Score: Eq: 823 Tu: 830
Goal Score: Eq: 850 Tu: 850

Wallet: PenFed Power Cash 50k | AMEX Blue Cash (AU) 49.5k | Cap One QSMC 26.5k | AMEX Platinum NPSL | USAA Signature Visa 25k
Message 3 of 31
jtmoy19607
Established Member

Re: problem, my old car is in trouble

yeah, I looked into that, there is 160,000 miles on it and once the transmission goes they aren't the same anymore. that was my first instinct. but maybe i will still go that route, but my question is can I declare bankruptcy, is it an option for me?

Message 4 of 31
jtmoy19607
Established Member

Re: problem, my old car is in trouble

it isn't like I don't need a car, I do, I have very little emergency funds, you can't save and kill debt. And as far as the right thing, the right thing was to never get in debt in the first place, beside how about the people who got rich off of giving people bad debt, do you judge tthem and ask them if that is the right thing? I am so sick and tired of middle class and poor being asked to be moral and ethical, but not the rich?

Message 5 of 31
jtmoy19607
Established Member

Re: problem, my old car is in trouble

if you weren't judging me and asking you were asking from a business point of view if  it is the right thing to do, I would say I don't know...that is why i am seeking feedback from here, sorry didn't mean to flip, I just get judged when  I mention bad debt. But now that more people are hurting lately they arre judging less.  and I am trying for part-time work, but that isn't happening. overqualified for too many positions.

Message 6 of 31
Tazman81
Established Contributor

Re: problem, my old car is in trouble


@jtmoy19607 wrote:

yeah, I looked into that, there is 160,000 miles on it and once the transmission goes they aren't the same anymore. that was my first instinct. but maybe i will still go that route, but my question is can I declare bankruptcy, is it an option for me?


No clue.  I am sure you probably can, but you want to discuss that with a bankruptcy lawyer prior to doing it.  You have to remember that with doing something like that, you bring attention to yourself and have a much higher chance of your entire bankruptcy being dismissed.  The magistrate has the final say.


Current Score: Eq: 823 Tu: 830
Goal Score: Eq: 850 Tu: 850

Wallet: PenFed Power Cash 50k | AMEX Blue Cash (AU) 49.5k | Cap One QSMC 26.5k | AMEX Platinum NPSL | USAA Signature Visa 25k
Message 7 of 31
jtmoy19607
Established Member

Re: problem, my old car is in trouble

sorry, just frustrated and mad, bad luck, i can't get ahead no matter how hard I try, did anyone start to think the american economy is rigged for that.

Message 8 of 31
jtmoy19607
Established Member

Re: problem, my old car is in trouble

thanks.

Message 9 of 31
Tazman81
Established Contributor

Re: problem, my old car is in trouble


@jtmoy19607 wrote:

if you weren't judging me and asking you were asking from a business point of view if  it is the right thing to do, I would say I don't know...that is why i am seeking feedback from here, sorry didn't mean to flip, I just get judged when  I mention bad debt. But now that more people are hurting lately they arre judging less.  and I am trying for part-time work, but that isn't happening. overqualified for too many positions.


No judging, I promise.  And I am sorry if I made you feel that way.  I was only going with my opinion.  Having gone through a bankruptcy, there are not secrets.  You have to disclose everything, and the paperwork is reviewed by the courts.  I have been in the court when the magistrate asked another couple why it is they made a certain purchase if they knew they could not pay the debts they already acquired.  I saw a discharge be denied because of the decisions the couple made prior to filing.  So, I was just giving you my opinion based on my experience.  I would defintely recommend going for a consultation as a bankruptcy attorney would be able to tell you best.  Just make sure you are frank with the attorney and explicitly explain what you plan to do and they can give you the best options.  One of the questions they ask is if you have either registered a vehicle in your name or registered a vehicle out of your name within the last 12months.  They want to make sure that assets are not being hidden.


Current Score: Eq: 823 Tu: 830
Goal Score: Eq: 850 Tu: 850

Wallet: PenFed Power Cash 50k | AMEX Blue Cash (AU) 49.5k | Cap One QSMC 26.5k | AMEX Platinum NPSL | USAA Signature Visa 25k
Message 10 of 31
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