"My Car Was Never Repossessed After Chapter 7" Discussion

Upsolve Community Member
Hi Trice, I'm sorry to hear about your experience with COVID. Here is a helpful article to learn how to get a fresh start: https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/  Although I have no experience with Ford, you should know that most people can keep their car and get debt relief by filing bankruptcy. Here is an Upsolve Article that covers this topic: https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
Additionally the Upsolve Learning Center has a dedicated section on https://upsolve.org/learn/category/cars/ for your review. Do not hesitate to ask any questions along the way. Upsolve is here to help you.

Upsolve Community Member
I spoke to an attorney and my Chapter 13 payment would be around $900 or more for the secured debt and 20 percent of my unsecured debt. The problem is paying that would still be a struggle and on Chapter 13, working a second job might make it go up if I get one. I want to get my life back without worrying about a debt. Chapter 13 doesn't allow me to do that.

Upsolve Community Member
Whether or not you can file for Chapter 7 will depend on your income. The Upsolve article https://upsolve.org/learn/chapter-7-means-test-calculator/ goes through the calculations step-by-step. Lenders have their own unique company and financial priorities when it comes to repossession and reaffirmation agreements. Lenders have been known to rush to repossession when they get news that a borrower is going to file for bankruptcy. Regarding Ford, the Upsolve Help section mentioned Ford in the article https://help.upsolve.org/hc/en-us/articles/360006128354-How-Do-I-Reaffirm-My-Car-Loan-. I just Googled a couple of cases involving Ford, and there was a case where Ford failed to file the reaffirmation agreement with the court, so if you do decide to file a reaffirmation agreement, follow-up to make sure it's filed with the court! Also, check your contract to see if there's a clause that essentially says filing bankruptcy puts the borrower in default.  The Upsovle article https://upsolve.org/learn/reaffirmation-agreements/ explains some reasons why a reaffirmation agreement might not be allowed during bankruptcy.

Upsolve Community Member
Hi Jennifer, This article explains your options and how they'll affect your co-signer. https://upsolve.org/learn/what-happens-to-the-co-signer-of-a-car-in-bankruptcy/ As far as the value of the car, that is related to the Means Test, you can review this article to understand more: https://upsolve.org/learn/chapter-7-means-test-calculator/ Do not hesitate to reach out with any additional questions.

Upsolve Community Member
Jennifer, thanks for asking! You'll probably find the section on leased vehicles in this article helpful! https://upsolve.org/learn/can-keep-car-file-bankruptcy/ 

Upsolve Community Member
This is also a great resource! https://upsolve.org/learn/bankruptcy-guide-to-leases/ 

Upsolve Community Member
Upsolve's software is completely free to use! You can learn more about Upsolve and the resources available here in this article: https://upsolve.org/how-we-work/

Upsolve Community Member
You might also find this list of legal aid resources helpful, if you'd prefer to go that route https://upsolve.org/legalaidlocator/ 

Upsolve Community Member
Hi Jill, Here's a 10-Step Guide on how to prepare for bankruptcy and get a fresh start: https://upsolve.org/learn/how-to-file-bankruptcy/ Please continue to ask any questions. We are here to help.

Upsolve Community Member
Jill, TWO years ago at this time, I was asking the same question to the universe. I had never heard of Upsolve. I went to my local Legal Aid Society armed with all of my financials and my Nolo Press book stressed beyond mental boundaries. I was on a mission...

Upsolve Community Member
...and guess what? The Legal Aid Society in Long Beach doesn't handle bankruptcies! I was crushed. THIS was supposed to be the way I was going to get pro bono assistance and now it was back to square one and Google. This is the day I discovered Upsolve. 

Upsolve Community Member
...and I found that Upsolve's Learning Center was as good or BETTER than my Nolo Press book because when I GOT STARTED with the online Interview at Upsolve and had questions, I found that by entering darn near any question I had in the Learning Center's search box, my questions were answered. 

Upsolve Community Member
Jill, if I can do this, YOU can do this and, if you need an attorney to tackle an issue or two, OK. ---- the combo of pro se (representing yourself) OR Upsolve together with an hour or two of an attorney's time at their prevailing rate (or free if you can find it!) is a great option! That is what I do with my taxes: I use TurboTax to file myself but have a CPA "on-call" if I have any tough stuff!

Upsolve Community Member
Good luck and thanks for reading my long post. Happy New Year! :-)

Upsolve Community Member
Thank you Mark H. I appreciate all that you said! Happy New Year to

Upsolve Community Member
 you also! 

Upsolve Community Member
Sounds like there's a lot involved here! This article has info on TX repo laws: https://upsolve.org/learn/texas-repo-laws/  Maybe you can get a free consultation with a local consumer protection attorney? This article has a link with some info on how to find a consumer protection attorney: https://upsolve.org/learn/how-do-i-find-an-affordable-bankruptcy-attorney/

Upsolve Community Member
Thank you!!!!

Upsolve Community Member
Katherine, this article might be helpful: https://upsolve.org/learn/keep-house-chapter-7/ Please always feel free to ask your questions to the community here- we're happy to help if we can. 

Upsolve Community Member
Sending prayers your way Ms. Katherine. I know the feeling of defeat all too well. I pray a solution finds you, sounds like you’re an angel with all that you do for those around you.