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Creditors and Bankruptcy/Totaled Vehicle during bankruptcy process


My husband and I found ourselves needing to file bankruptcy just after the birth of our pre mature daughter. We had spoke with a lawyer and were going to file Chapter 7. We were not going to include our home or our cars. The bankruptcy hasn't been filed and I was recently in an accident which totaled our vehicle.
  When we asked our lawyer what his advice was he gave us a name and phone # of a guy who specializes in financing someone in our situation.
  We contacted him and he said he would be able to get us financed for a vehicle, but we would have to purchase something from his lot. His car lot didn't have very many options and we haven't been able to find something that would work for us.
  I found a vehicle that would have worked for us at a different car lot and spoke with their financing department about our situation. I was told they wouldn't be able to help me until the "meeting with our creditors" had been done. Our lawyer said that that meeting won't be for 2 more months.
   I desperately need a car as I have a child in school and can't afford to continue paying for a rental.
   My question is, do we have any other options? we will have 2,500$ to put down on a new vehicle. How do we find others that "specialize" in this kind of financing?

Hello Melanie:    

I hope you haven't paid much yet for your present bankruptcy lawyer, if you have hired him yet.   the reason I say that is that whether there has been a creditors meeting or not, that has no legal effect on your problem whatsoever.   Your present status and ability to finance another car is more dependent on the actual filing itself rather than on whether or not the creditors meeting has been held.

That having been said, as I understand your question, you would like to get your debts discharged through the bankruptcy process (including any debt you may owe for the vehicle that was damaged) but you still need a vehicle in the meantime.

Unfortunately, your question doesn't give enough facts to enable me or anyone else to give you any good judgment or advice as to how you can do this.   I will say this though, I suspect that the attorney you spoke with is charging you over 1,000 dollars to do this, and this at a time when you can least afford that additional expense.    There are less expensive ways to handle this.     However, again, without knowing more facts,  it is impossible to be more specific.    

You are welcome to call me anytime you wish at this number.     915  261-3893     I will not charge you just to talk on the phone, and we can discuss your situation and your present options more specifically.    I look forward to hearing from you if you decide to call.

Creditors and Bankruptcy

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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