The big question here is if you have equity in the car b/c the car appears to be paid off due to the fact that the BF never made himself a lien holder and is attempting to do right before you file. What you want to do is to get a value for the vehicle, if the value is low enough and you have the exemption room to cover it, there may not be a large problem. Also, there are many trustees and each may take it differently. Some will look to avoid that in a heartbeat, others will be OK with it,...
As everyone stated, this is truly difficult to answer here. When they (IRS) open back up, call them, get the amount and then go get a lawyer's opinion if that number is right or if you need to do something about it.
I always tell people that a 7 can be better for some people and a 13 for others. There are many factors but just some simple ones are your income and what bills you'd continue to pay.
Examples often revolve around houses, cars and type of income. People who keep their home and do a 7 are different than people who need to do a 13 to keep it.
Also, people with steady income are different than those whose income fluctuates.
The biggest question is what will you need credit for coming...
If your case is very easy for an experienced BK lawyer, attorneys can charge $500 or less. However, we will need to have a consultation to know how hard the case will be. Also most people at this time of year are using their tax refund to pay for bankruptcy lawyers. If you don't hire one, you risk the trustee taking your refund anyway.
Kopp Law PA
2047 5th Ave. N.
St. Petersburg, FL 33171
The answer is probably no. I know you want to set up trusts etc. But the problem is that the BK Court knows that and will ask you about it. My suggestion is that you meet with a BK lawyer, who will look at the debts. You may be able to use a 100% Chapter 13 kind of banking on the fact that not of your debt will file claims and also assuming that by deep in debt you are only talking about 50 to 100k.
I am a BK attorney right here in St. Pete. I don't see a problem with filing for Bankruptcy while keeping the home if the facts are as you state. It would affect how I helped you fill in your petition and you do need an attorney to help you do that, but if the consultation and filing out of the Bankruptcy petition go well, there should not be a large issue. Feel free to call my office (727) 321-3433
The simple answer is Yes. It just depends on how you do it. If there is a payment, you "reaffirm" the payments. If there is too much equity in the car, you can still keep it, you just pay the Trustee however much money you are over the exemption limit and they usually give you a few months to do that.