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Going Bankrupt - Losing Car - Please Help

Discussion in 'Debt and Bankruptcy Law Forum' started by PleaseHelpLostHope, 28 April 2014.

  1. PleaseHelpLostHope

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    I am currently having to give my car back to the dealership as I can't keep working (on car loan) and with this lose my job, and with my auto immune condition is making it impossible to keep working. It has only just came to my attention that I even had one.

    It was made worst by being bullied and abused at work ( workplace bullying) only to be section 81a'd as my girlfriend committed suicide when I was younger and I needed hospitalization in order to begin rebuilding my life and my mind. I over came this as a teenager. My employer has not applied the EBA agreement to my permanent part-time employment upon my return to work, which meant a serious loss of income and this has been the biggest contribution to my current situation.

    My lawyer quit my case without telling me, basically by saying give up because you don't have the income to fight this even though she was a no win no fee, and even though I was told it was possible to win (even as a stress related case and not agreed as to the abuse I got from a trusted colleagues. I was made to look insane by all my work colleagues in order to protect there own positions and liability. They also applied and gained higher positions in the company meanwhile). She found it appropriate to not even help me through the situation and to fill-out forms to move my case on as I was clearly unable to because of the bullying, and its effect in anyway during my complete breakdown.

    But having no help and having trying to prevent my current problem, is there anything you can do help me with in my bankruptcy? What do I do when I return the vehicle on the 29th of April 2014? Is there anything I should know? I have the bankruptcy forms, but don't know what to do as I now am ill from my condition and have no money to hire someone at the moment due to bankruptcy.

    Please help me, I don't know what to do anymore but sit and cry! My friends and family won't speak to me because of the stress of it all. I am left alone and wondering if anything including life is worth it after all this. I worked hard but lost everything and don't know what to do, and I don't have the skills to be able even know anymore. Please help me anyone?
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi there
    Was your lawyer helping you with an employment law claim only, or both employment and bankruptcy?
    So for right now, you're asking about how to file for bankruptcy and what your obligations are (including returning your car to the dealership because you can no longer pay off the loan?)?
     
  3. Worldly1

    Worldly1 Well-Known Member

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    Are you already bankrupt? (Voluntarily or by court order?)
    The Australian Financial Security Authority (AFSA) provides some good information about bankruptcy, options available, how to complete forms and the consequences of bankruptcy that might help you.

    The AFSA ‘your debts and creditors’ fact page says that when you’re bankrupt:
    A secured creditor will have rights under the terms of the loan regarding taking possession of the asset if the debt is not paid.
    So they’d have the right to take possession of the car and sell it if you don’t make the repayments. The dealership should give you copies of all the paperwork when you return the car.

    AFSA also has a list of financial counselling services that help people who are in financial difficulty.
     

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