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Dave Ramsey

Not really better off

Question: Bob declared bankruptcy and reaffirmed his 2 cars in that. He owes $35,000 on his automobiles, and he can only sell them for $24,000. He is $9,000 upside down on one and $2,000 on the other, and makes $37,000 a year. What should he do? Dave gets riled up here.

Dave Ramsey's advice: You're $11,000 in the hole. The car that you're $2,000 upside down on is easier to work with. You can sell that easier. Your attorney ought to have his butt kicked for letting you reaffirm.

You have to come up with that $2,000 and dump that other car and start working extra and paying extra. You're really going to have to crank up your income and deliver pizzas every night and work on the weekends. When you file bankruptcy, it didn't do you any good!

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Comments
Dave,

I really get upset when working people of America are getting up everyday and going to work to pay off
their bills and then the Government allows someone to take the easy way out. I have 4 children and started
digging ditches and then got a good federal job and then went and attained real estate license and now we
are making a decent living. I could have filed bankruppt and my family qualified for reduce lunches at
school but we had pride and respect and decided to take the respectful way out. It is our Governments
fault to allow this.

Mark
# Posted by Mark | 11/7/08 6:14 AM
What some call the "easy way out" is for some people actually the "only way out". Debt forgiveness is a principle that even exists in the scripture. Without the possibility of bankruptcy many people would end up virtual debt slaves for the rest of their lives, due to extreme circumstances that in many cases are no fault of their own. Or which may have been their fault but now they have learned their lesson and are repentant, and bankruptcy is the only way for them to make a fresh start because their debts or circumstances make it impossible for them to pay everything off, no matter how hard they try.

Yes, some people and companies use bankruptcy as a means to take advantage and cheat the system, much like criminals who abuse loopholes and use technicalities to escape punishment. But I'd rather see some people abuse the system than many people suffer by throwing the system out or making it so restrictive that it helps no one.

Mike
# Posted by Mike | 11/7/08 2:02 PM
Mike,

I understand what you are saying but in my
opinion only medical reasons and reasons beyond
a persons control should allow someone to take
bankrupptcy. Can you share that Bibical
Scripture with me? I am open to reasoning and
understanding.

Thanks

Mark
# Posted by Mark | 11/7/08 5:22 PM
Hi Mark,
This is a decent website showing some scripture in regards to bankruptcy. I hope this helps.

http://www.christian-attorney.net/bible_bankruptcy...

CB
# Posted by CB | 11/7/08 5:49 PM
CB,

Thanks and I will look at the website and ask
for God's guidance and wisdom.

Mark
# Posted by Mark Ledford | 11/7/08 7:39 PM
I'm Australian... what does "reaffirmed" mean, and why should his attourney get his but kicked?
# Posted by Neil | 11/8/08 4:12 PM
His attorney should have got his butt kicked
because he should have included the vehicles in
the bankruptcy, since he was upside down with
them. This is he owed more money on them than
they were worth. He already filed bankruptcy,
and has ruined his credit, therefore, no
reason to re-affirm the vehicles.
# Posted by Carrie | 11/8/08 5:49 PM
To clarify it a little further for you Neil, he "reaffirmed" his desire and ability to keep and pay for those cars. In other words, he chose not to include them in the bankruptcy. If he had included them then he couldn't have kept the cars, but neither would he owe anything for them. He should have given up the cars, and his lawyer should have known better.

I understand that people commonly reaffirm their primary residence's mortgage so that they don't lose their house, assuming the mortgage is reasonable and not what is driving them to bankruptcy, and since it could be difficult for them to get a decent mortgage later due to the bankruptcy. But reaffirming a couple of upside down car loans is a serious mistake.
# Posted by Mike | 11/10/08 3:50 PM
As far as the reaffirming the cars, depending on which type he filed, couldn't he have added the cars to the bankruptcy and paid the
payments through his bankruptcy trustee?
# Posted by Henry | 11/13/08 11:44 AM
While we are most certainly not proud of it, we too filed bankruptcy. At the time it seemed to be the only way out. As for our vehicle it was not reaffirmed, but was also not taken from us. We were, and had always been, current on our payments and continued making those payments. It was and still is our only means of transportation and I don't know if that had anything to do with not being taken from us. We were told as long as we were never late or mised a payment the bank would rather us keep paying them for it then taking it away and trying to recover the amount of the loan, which of course they wouldn't be able to.
# Posted by Michelle | 11/14/08 12:31 AM