QUESTION
Can I stop paying my debt just until I have my court date?
Asked on Sep 27th, 2012 on Bankruptcy - Florida
More details to this question:
Just went into bankruptcy and haven’t had my court date yet. Only owe $865 on my car plus $1500 in fees (late, deferment fees). Can I stop paying just until I have my court date? I did file the paper to reaffirm my debt with the lender. Even though filing bankruptcy things will still be tight until next month.
9 ANSWERS
Yes.
Answered on May 28th, 2013 at 2:59 AM
If you want to keep the car, it would be a good idea to keep making your monthly payment. Talk with your attorney about this, he has more information about your status than I do.
Answered on Oct 03rd, 2012 at 1:00 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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If you want to retain your car, it is important that you keep making the proper payments. If you stop paying, it is likely the lender will ask the court for relief from the automatic stay so they can come and repossess the car. However, other debt like credit cards, etc., that you are not keeping, you can stop paying.
Answered on Oct 01st, 2012 at 1:12 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: Can I stop paying my debt just until I have my court date? *- not on secured debt which is what a car payment is generally* Question Detail: Just went into bankruptcy and haven't had my court date yet. Only owe $865 on my car plus $1500 in fees (late, deferment fees). Can I stop paying just until I have my court date? I did file the paper to reaffirm my debt with the lender. Even though filing bankruptcy things will still be tight until next month.* - you should discuss that with the lender; my general advice is to NOT stop paying secured creditors during the pendency of a bankruptcy where you want to reaffirm that debt*
Answered on Oct 01st, 2012 at 11:58 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Please explain this to your counsel. Do not want to contradict them.
Answered on Oct 01st, 2012 at 2:04 AM
You can, but it would be a poor plan. If you plan to keep the car, keep making the payments.
Answered on Oct 01st, 2012 at 2:04 AM
Daniel James Wilson
Reaffirming a car loan is a bad idea. No particular reason to do it unless you receive very favorable terms.
Answered on Oct 01st, 2012 at 2:04 AM
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Ordinarily lender will not allow refi unless you are current.
Answered on Oct 01st, 2012 at 2:04 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have to pay in order to keep the car.
Answered on Oct 01st, 2012 at 2:03 AM