Filed a 7, now car possibly totalled, allowed to buy a new used?

[Chicago]

Thanks for the responses yesterday about getting my van fixed after running over a deer carcass driving back from Thanksgiving night. I have comprehensive so State Farm is going to look at it on Monday and see what it's going to cost to fix it. The bill to fix the radiator just so I could get back to Chicago was $410 and there's quite a bit more needing to be done.

It's a '92 with 220,000 miles so what happens if they decide to total it? The value on my filed Chapter 7 paperwork was only around $1000 so I'm sure I'll get close to that. My 341 is set for December 13 so will I be allowed to buy a new used car to replace it? I need a vehicle so not sure how this will affect things.

[lrprn]

Since you filed Ch 7, your bankrutpcy estate was set on filing day. Anything that comes after that shouldn't matter. Use your insurance pay-off to repair your car or buy another....it's your choice.

Financing during an active Ch 7 will be difficult. Most auto lenders tend to be leery about lending you money during an active 7. Terms will probably be horrible too. Might be best to fix what you have or buy a 'junker' for the insurance cash, then go shopping for another car six months or more after discharge. Your terms will be a lot better then.

[Chicago]

Since you filed Ch 7, your bankrutpcy estate was set on filing day. Anything that comes after that shouldn't matter. Use your insurance pay-off to repair your car or buy another....it's your choice. Financing during an active Ch 7 will be difficult.

Okay, just found out last night that State Farm is totalling it out and fixed the value with title, tax, and license at around $3300, which is a lot more than I expected. However, in Illinois they have a thing called "owner retain" since it's over nine years old which is basically that I can keep it and get it fixed on my own. In that case, State Farm will cut me a check for $2800 or so. The body shop estimated repairs at $2300 but I'm leery of getting it fixed since it's undercarriage damage and who knows how much is really under there. I left a message with my attorney but haven't heard back yet so will need to do something on Monday.

I think I saw in another thread where someone's car got repo'd and they had a family member take out the loan to get it back and he was paying them and adding it to his expenses. Would it be possible to do something like that with my father's help in financing? And would it be possible to amend my documents (for a fee) to show this new expense since it wasn't listed on my original filing?

[genseeker]

Hubby used to do auto body repair and as long as the frame is undamaged, it is worth considering repairs. My sister had an older 70's Camaro years ago that got wrecked & totalled 3X. The first 2 they bought it back and didn't get all the damage fixed (dented fenders & such). The 3rd time the frame was damaged and hubby told them to ditch it. They took what the ins co paid, kept the car but sold it to a local dirt track racer for parts for more than what the ins co deducted for them to keep it.