Howard

When I purchased my Rx8 I was on a disability and my wife was making very good money. She lost her job because of serious illness. We talked to an attorney and it appears we will have to file bankruptcy. The attorney said we haid no business every buying this expensive car. He said that there is no way the bankruptcy court would let us reaffirm on this expensive of a car with high payments and that we must let it go in the bankruptcy. He said the courts would look badly on us otherwise.
When I called back today to give him some information his secratary who was at the original meeting made it a point to bring up the car and let me know she drove an old junker. It appears to me that in part the whole issue is the attorneys personal feeling about how expensive the car is and not whether the court would actually allow us to reaffirm on the car. I payed the attoeney a retainer but I don't know wheher to believe him. I do kow he also toold us something else whick I know was not true. At any rate it appears I will loose my RX8. I guess the hardest part is knowing that at my age there is little chance in repacing it in the future. I know that I am just complaining but as some of you know it is easy to get attached to this car. I am also loosin my house but that bothers me less. My wife says I am obsessed any way because I read this forum every day and need to get rid of it.

DARKMAZ8

well u can transfer the rx8 under someone elses(close friend or family member) name and keep it for yourself......just make sure u keep making the payments....


Make sure to max out all your credit cards.......

Overport

I dont understand how the RX8 is an expensive car...one can be had for UNDER $30k.

scottmhr1

The court will look at the fact you bought the car when you were on disability. They consider the fact that you have problems that you had money problems because of a disability, not that you bought a new car like this after you went on it. Plus, do not listen to darkmaz8, many people are told to max out the cards and the court looks at when you do this and say, screw you, you did it on purpose! Hope your problems get better though.

twisty7867

All depends on what your means are... If you're making $90k, it's easy to fork over $500/mo. On $30k, maybe not so much. Still, it's pretty unprofessional for your attorney to lambast you in that way, take it to court and let a judge decide.

Howard

I bought the car when my wife had a well paying job. Also my disabilty actually is substantial as far as income since is a privitely funded one not social security. What the attorney is say is the court appointed trusty would be angry that I was keeping the car well letting go of credit card debt etc. That I was being unfair to other debtors was his actual words. What I was hoping was that another attorney or legal person might be able to tell me whether he is telling me the truth and not just making a judgement himsel which is what it seems to me.

expo1

I am not a lawyer and no offense to you but if you owed me money I would be upset if you stiffed me, but still got to drive around in a $25,000 car. I would ask the court to make you sell the car and buy a $5,000 used car to get around with.

scottmhr1

That is correct expo, and why there is a push for tort reform and bankruptcy reform. Too many people waning out easy and ones that run the debt up in the months before filing. I don't think a lawyer you hired would be negative about your circumstances, they wnat the money and will try to get you to pay out the but for any small gain, well, unless you found one of the few honest lawyers in the country!!! lol

MI_FamilyMan

Sorry to hear about your situation Howard. Hopefully you will learn from the experience and eventually right your ship. Good luck to you and maybe you will become an 8 owner again someday. Don't give up hope.

irish8

Howard....sorry about your current ordeal! I sincerly hope all works out ok for you and your family. I would urge you go through the court process and see where the chips lay after the fact.

Good luck!!

- Irish

EyeBall Fixer...(o)(x)

Hey Howard,
Stuff happens doesn't it?
Not always fair either...

Find a new attorney, one thats not trying to give you fatherly advice.
Very unprofessional tactics.
You'll lose the money you've invested in him (her) and still come out on top because,
in the long run,
you need legal advice not personal opinions...

This is a difficult time for you and your family. As for your 8.... it's just "stuff"....
it can be replaced when you're back on your feet.
If I were in your shoes,
I'd sleep better if I focused more on what my responsibilities to others were (ie: my debtors).

Best of luck!
Only one way to go now...
Up!

truemagellen

definitely explain that your car isn't that expensive (point out the value of it used now) and tell them how it is like your child! For me it is :D

fight tooth and nail for your car and for your wife...f-everything else, also get an at home call-center job...pays like crap but will give you a little extra cash to make it through this storm in your life

you can do it!

Howard

Thankyou. I believe I'll take your advice. I did feel the attorney was a trying to do something other then his job. I was hurt a little by some of the other coments. I don't think my wife choose to get ill and not be able to return to work.I did not run up of a bunch of bills just before filing bankruptcy as some mentioned. Many of the bills that have become a burden were created as a result of my wifes illness after she became ill and lost her job and along with it insurance. I get the impression that at least one person believes that somehow the courts just award you the car as a part of the bankruptcy and that you don't have to pay for it which is not the case. I overeacted to the attoeney because I am presently dealing with my wifes illness which is difficult along with financial problems and I think I am just kind of at the end of my rope right now. The only reason I mentioned any of this on the forum was I wanted to konw if anyone could tell me whether the attorney was giving me solid legal advice or just expressing personel opinion. After talking to another atorney I found out that much of what he told me including things I did not mention were not legal facts but just his own personel opininions which is unprofessional.

RX8-TX

I am sorry. I know this must be the hardest of times but, FOR ONCE, COME DOWN TO F'ING EARTH. YOU ARE FILING FOR BANKRUPTCY!!!! FORGET ABOUT THE CAR!! WORRY ABOUT THE WIFE, A PLACE TO LIVE AND FOOD.

truemagellen

you wouldn't stop caring about your children would you?

markd

I'm an honest lawyer! Oh wait, not yet. Close, though I know 'Klegg' here is one, although I don't think he does bankruptcy work, so he might not be able to give you specialized advice. Also, you could try Craig's List and make a post there. There's a lot of banter in the legal forum, but someone will usually answer your questions eventually. Wish I could be of more help. Sorry to hear about your situation but good luck with everything.

dutinsimms

Here is an idea,

Sell the rx8 to get from under the large monthly note, then finance a 10000.00 vehicle instead before you file Bkrpt. Reaffirm the new car (10000) debt.

I feel sorry for you because of your situation however you should seriuosly reconsider your priorities.


DarkMaz8 is an idiot "max out your credit cards". That is stealing anyway that you look at it. Ppeople with that mentality deseve to lose everything they have.

MetroJay

I'm a law student as well...
And from the information you provided here, I would not say that your lawyer has given you any bad advice...

Rotario

I couldn't agree more. On both counts.

Bill

markd

Hey, you know better than to give legal advice as a law student! What do they teach you guys up in Canada?

DARKMAZ8

So your saying that the Credit card companies are angels?......come on,,,,you all have a lot to learn about the real world.....either you do the stepping or you get stepped on.....why doesnt anyone complain about ethics of high interest debt????maybe cause you all are brainwashed and just accept being an ant in their farm....when it's all said and done you'll always turn out to be the loser so take advantage when ever you can.....but if you want to stick up for a billion dollar enterprise,,,go ahead dummy

DARKMAZ8

same goes to u .... :p

MetroJay

i know... i NEED to stop doing that, lol :D

Rotario

You sound just like another immature kid with absolutely no sense of personal responsibility. Your parents should be ashamed of themselves, sad to say. The original poster has come upon hard times, and I'm sorry to hear that, but it doesn't sound like he's being dishonest or irresponsible. Hope you make it through life -- with that kind of attitude, I predict rocky roads in your future.

Bill

DARKMAZ8

How can you base my future on an opinion.....