[erinyeisley]

I'm currently representing myself in a chapter 7 bankruptcy in Iowa and have questions in regards to my mobile home that I filed. The owner of the home states if I don't reaffirm this debt he is able to kick me out. I was told I am allotted 1 house and 1 car when filing as long as they don't exceed "x" amount of money. I need to know does he have the right to do this or am I correct that can file and keep my mobile home?

[twinkiedooter]

Your mobile home and your car are the same - both have chattel loans on them. If you do not own the home and are still paying on it that loan must be reaffirmed in order for you to "keep" the mobile home.

You don't automatically get a "free" home and "free" car when you file for Chapter 7. It just means that you an reaffirm your debt on these items and get to keep paying on the loans so you can "keep" your home and car.

[erinyeisley]

In regards to filing chapter 7 bankruptcy in Iowa when your vehicle is from a buy here pay here lot (in house financing) will I need to reaffirm debt before at or after the creditor meeting. I was told by a peer that I would not need to do anything with car because with Iowa law you are entitled 1 car and since its being bought through this type of financing I would be able to discharge the car and keep it.

[JudyKayTee]

This was answered as part of your other thread - please don't keep opening new threads.

Bankruptcy does not allow you to walk away from debts and keep the collateral, as "Twinkiedooter" has explained to you concerning this car and your mobile home.

Twinkiedooter knows what she's talking about; continuing to post the question will NOT give you better (or other) answers.

You are making what could be a very costly mistake if you are filing your own bankruptcy petition and do not know what you are doing.

[twinkiedooter]

If you want to keep the car regardless of just how it is financed you need to reaffirm this debt before the creditor's meeting - not afterward.

You need to disclose ANY debt in your bankruptcy filing. Then if you wish to reaffirm the debt you indicate that in your paperwork. Some debts like credit cards that you want to get out of paying you don't reaffirm. But a house and a car that you want to keep must be reaffirmed and disclosed to the Trustee. The paperwork necessary for reaffirmation needs to be completed prior to the creditor's meeting and filed with the Court.

[erinyeisley]

Have either of you filed bankruptcy in Iowa? I know of several cases where people have filed and kept their vehicles without reaffirming the debt.

[twinkiedooter]

Filing bankruptcy is a Federal filing and not a state filing thing. The state does however have certain rules.

And no, just because you "know" someone who did that does not make it so.

I worked in a law office preparing bankruptcy filings in Florida for 7 years. All debt must be disclosed even if it is reaffirmed or not.

[JudyKayTee]

Bankruptcy is FEDERAL Law, not State Law. A person doesn't have to have filed in order to know and understand the law.

PLEASE STOP POSTING THE SAME QUESTION!

[Curlyben]

>THREE Threads Merged<

Please stick to ONE thread for this issue.