Car buying after dismissed ch 7???

[elkaholic]

Not really an "after the discharge" question but here's my situation:

Filed ch7 in Sept 2008 (GA), 341 meeting on 11/4, went fine. However, the trustee's office is now questioning whether or not I have enough disposable income to pay a little something back each month in a ch13, long story short, they have requsted and been given an extension to review my case.

In all reality, it will most likely be recommended to be converted to a 13 or I will have the option of letting the the ch7 filing be dismissed and re-file under a 13.

So, I have a 2002 model vehicle with 96,000 miles on it now which I am still paying on and was planning to keep through the ch7 and after, but now with the real liklihood of being in a ch 13, I would be keeping this car for 5 years, which will pose some real issues for me in terms of maintenance and repair costs to keep it running over that time period.

Question: Do I let them dismiss the ch7 filing and go trade this thing in for something new that has a warranty and all of that, then re-file under 13? My atty said that is an option for me, IF I can find someone who will finance me with a dismissed ch7 and all the debt on my credit report. But, is it even possible to find a lender that will do this??

Any thoughts/info/advice would be GREATLY appreciated!!

[HHM]

As lenient as car lenders are, getting financed with a dismissed chap 7 can be difficult because you still have ALL your other credit issues.

You can easily buy a car even IN a chapter 13.

[elkaholic]

I was told by my atty that buying a car while in a 13 can be very very difficult, b/c it 1st takes court approval, then you have to find a lender who will actually loan. Sounds like an uphill battle to me vs trading a car in while not in an active bk, but I could be wrong.

[elkaholic]

????

No one has any info or experience with car buying during an active ch13 or after a dismissed ch7???

Anyone?

[dadkrs]

I was discharged 12/8/2008, got approved by Honda Finance for 19%, but the car payment was too high. Went to another dealer and got approved by Americredit for 16.5% for 5 years and got a great deal on a 2005 Mercury.

Americredit isn't the greatest company, but I needed a car. Also used fundingway.com and got approved at another dealer, but no cars that were worth it.

[HHM]

No one has any info or experience with car buying during an active ch13 or after a dismissed ch7???

Anyone?

All you can do is go out and try. As I already said, you can get a car IN a chap. 13, you just need trustee approval. However, having a dismissed chap 7, who can really say. I say your chances are slim because you will still have all your other credit issues in addition to the BK.