Suwanee, GA Bankruptcy Law Firms & Lawyers

When you filed bankruptcy, it looks like you stated your intent was to reaffirm the debt owed on your car. Generally, what happens next is that creditor on the vehicle will send you a reaffirmation agreement to complete and return to them. It looks like either the creditor dropped the ball, or you failed to complete the paperwork and send it back to them. Once the creditor receives your reaffirmation agreement they will file it with the court and set a hearing date, if you did not have an attorney represent you in completing the agreement. You would then need to appear at the reaffirmation hearing and tell the judge whether this agreement is in your best interest. You mentioned there is a co-signor on this debt. If the co-signor did not file bankruptcy, they are still legally liable for that debt as their legal obligation has not been discharged. You need to continue making the payments on the car if you intend to keep it. Since you've already obtained your discharge, a reaffirmation agreement is likely a moot point and a non-issue. You need to work this out directly with the lender.

If your co-signer files bankruptcy, you typically become 100% responsible for paying the debt. That is why creditors require a co-signer. However, a student loan typically is not discharged in a bankruptcy, so technically, your parents still owe the debt as well. But it is the lender?s choice as to which party to seek to collect from, and my best guess is the creditor will come to you first for payment.

If you intend to convert, I would file before the hearing on the motion to dismiss. The case could be dismissed at the hearing and then you would have no opportunity to convert. Please note, however, that the way you are paid is very common. When a bankruptcy is filed, the income is calculated by trustee's office (and usually the filer;s attorney) in such a way as to take into account that the filer is paid 26 times a year, not 24. Therefore, if you have no other change to your income other than what you described, you may not be eligible to convert. You should schedule a consultation with an experienced bankruptcy attorney to discuss the possibility and feasibility of conversion. Finally, you are required to turn over tax forms in Chapter 7 and 13. Whether your refunds must be turned over depends on your plan (in a 13) and on your exemptions (in a 7).