Legal Issue
#1
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Legal Issue
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.
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.
#2
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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.......
Make sure to max out all your credit cards.......
#4
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.
#5
Originally Posted by SDRacer87
I dont understand how the RX8 is an expensive car...one can be had for UNDER $30k.
#6
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Originally Posted by 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.
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.
#7
He's as bad as Can
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.
#8
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
#9
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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.
#10
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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
Good luck!!
- Irish
#11
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!
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!
#12
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!
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!
#13
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Originally Posted by Rx8_MD
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!
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!
#14
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Originally Posted by 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.
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.
#15
Originally Posted by 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.
#16
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Originally Posted by 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
#17
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.
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.
#19
Originally Posted by dutinsimms
DarkMaz8 is an idiot "max out your credit cards". That is stealing anyway that you look at it.
Bill
#20
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Originally Posted by 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...
And from the information you provided here, I would not say that your lawyer has given you any bad advice...
#21
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Originally Posted by dutinsimms
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.
#23
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Originally Posted by markd
Hey, you know better than to give legal advice as a law student! What do they teach you guys up in Canada?
#24
Originally Posted by 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
Bill