I JUST GOT A DISCHARGE IN CHAPTER 7 WHERE I WAS MAKING PAYMENTS ON MY VEHICLE. I WENT OUT ON MATERNITY LEAVE AND MISSED A FEW PAYMENTS ON MY TRUCK. CAN YOU HELP ME?
After you receive a discharge in Chapter 7, you are certainly able to file a Chapter 13 to get your truck back. However, if you entered into a reaffirmation agreement you definitely want to get the vehicle back since a reaffirmation agreement survives a discharge so you are responsible for the debt. Even if you did not enter into a reaffirmation agreement, you would fall under a NO DISCHARGE case if you file Chapter 13 within 4 years of the Chapter 7 filing, so you would have to pay the debt back in full plus Till interest.
Some limitations on filing bankruptcy are that if a case is dismissed within the last year then there is only a 30 day stay unless you show a change of circumstances. However, if you have had 2 cases dismissed within the last year, filing a bankruptcy will not impose any stay and you would have the burden to convince a Judge why a stay shall be imposed since there is a real presumption of bad faith with 2 dismissals within the past year.
Some clients who have filed several bankruptcies within the last few years are barred from filing bankruptcy for 180 days since the Judge feels they have abused the system.
However, if you have a situation where you have already filed bankruptcy, please contact TAIEBLAW to learn your options. Don’t ever presume you are prevented from using the bankruptcy process without contacting TAIEBLAW.
If you have any questions concerning this matter or any other matter contact TAIEBLAW at 856-235-4994 or visit our website at TAIEBLAW.COM, and schedule a FREE initial consultation.
Steven N. Taieb, Esq. has been a South Jersey Bankruptcy Attorney for over 33 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association.