California | Legal Malpractice
Legal Question
I recently filed BK because of a bussiness i lost. My attorney recomended that I get a car to help maintain my credit before I file. I have 4 children and we bought a car that would fit all of them and would last us a while, since i knew i probably wouldn't be able to get a car after I filed. I finally filed a year later because of several other reasons. It was always very clear that I intended on keeping the car. He asked to try to to a reaffirmation agreement and see if they were willing to lower the balance. I called Ford Motor Credit to see if they would do that and they said "no". I told my attorney and i asked him if they could take the car and he said not as long as I kept making the payments. I kept making the payments and my car was repossessed 2 days ago even though i was current. Apparently they can repossess just because i filed for bankruptcy even if i am current on my payments and even though they have been taking my payments the last couple of months. This sounds like discrimination to me. I was told I was supposed to sign a re-affirmation agreement for the amount owed on the car. Neither my attorney, nor my lender advised me of this prior to taking my car. I am renting a mini van for $160/day now because of labor day. I can't afford to rent this for too long and I need to take my childrent to school. I will never be able to get another car and I was humiliated in front of my whole neighborhood at 3:00 in the morning!
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