Nothing wrong with doing some planning for a chapter 13 bankruptcy. A common pre-filing maneuver is for the debtor to obtain updated or additional, needed transportation. In general, the monthly payment should be less than (much less than $400 per month). The key question is affordability and the eventual feasibility of your chapter 13 plan. Also, the other problem is the equity exemption allowed in your state. Before going out and buying a car, hire your attorney first and allow him or her to...
Your question is almost a daily occurrence on this website. Short answer, you can't get them to report payment history.
Here is my article that answers it.
You will establish new credit. See my AVVO guide below about rebuilding credit after bankruptcy.
Hopefully the reaffirmation was never filed. Thank you lucky stars if it wasn't.
As stated, you may be able to look up your bankruptcy case on PACER. www.pacer.gov. Once in there, you will want to look at the Docket Report and see if you can find the order approving the reaffirmation agreement.
You mortgage bank is lying to you. If they are saying you cannot refi because you didn't reaffirm, that is a bold face lie. Go to mortgage broker (not your bank) and let an experienced broker...
Frankly, doesn't sound like much of case, so whether it would be a violation of 524 is not the issue. I don't think you will get very far with a suit for this alleged "deceit." You ultimately have the responsibility to protect your rights. The debtor and debtor's attorney are not responsible to you for protecting your claim. So, that case is extremely thin (read, there is nothing to it based on what you described).
As for the home. The fact that the home is in wife's name, but mortgage is...
Technically the payment is a preference, but if the tax debt would be a priority claim in your case or is a secured claim (because of a tax lien), the trustee wont care because he would end up giving the money back to the IRS.
Exemptions dont matter because you cannot exempt preference (even with wild cards).
You cannot file a chapter 7 now, as already stated, the cooling off period is 8 years calculated from fling date to filing date. However, you could file a chapter 13 bankruptcy.
Get your legal advice from a lawyer, not a non-lawyer. Go visit a bankruptcy attorney and explore what debt relief options are available and feasible for your situation.
Not sure why you still owe money. If the two creditors filed a proof of claim on the case to be paid, they were obviously aware of the BK. Your attorney would not need to file any amendments. My sense is either the creditors in question are doing something they shouldn't, the debts in question were non-dischargeable, or you are misunderstanding what should and should not be happening as a result of your bankruptcy.
Malpractice is extremely rare in Bankruptcy.
Bankruptcy issues aside, your insurance company is almost certainly going to issue a "joint" check. Which means the check will be made out to you and the car lender. (that is a requirement of an insurance policy when there is a known lien holder).
Yes, the car lender is still entitled to the money because of the lien. Even wrecked cars are still titled, so the lender, to release title, is entitled to payment.
A bankruptcy only discharges your personal obligation to pay, it does not void...