Getting a different car under Ch.13

[RJD]

Edit: I posted this in the wrong forum. I'd appreciate it if a mod could move it to the proper place. Thanks.

Okay, so yesterday on my way to work my car overheats. I have to have it towed to a service station. It needs about $1500 worth of work to it. I don't have $1500 just lying around and I have to have a car. My car has basically been a lemon with constant problems for the last year (2004 Jetta).

In my Ch 13 ruling, I am paying the trustee about $9000 (5 years). I've been in it for only 9 months.

I couldn't get ahold of my lawyer yesterday and I most likely won't hear from him until Monday. So, I thought I'd ask what is most likely to happen.

I know I can most likely get a car if I need to but what's the protocol for this? How long does it take to get permission? And if so, is it just like trading in a car? Does the dealer take the difference on what is owed vs. what they give me and tack it onto a new loan? Who finances the loan? The trustee? Another bank? Will I most likely need a cosigner?

Any information is appreciated. I'm carless right now and need to figure out something.

Thanks in advance.

[Introuble2008]

We bought a car after the Chpt 13 was enacted (don't know the right word). We had to file a special form with the lawyer, AFTER we found the car we wanted, and then he forwarded the form to the trustee for permission. Your attorney will tell you the max amount in payments he'll allow. I was thrilled.....we actually found a BETTER car!!!! It took about 3 days for the first approval. Our deal got screwed up because the first bank that quoted a pmt price, closed the day before we were to pick up the car!!! The 2nd one had a higher pmt, but the trustee had put a limit of a smaller pmt. It took about 2 weeks....and SCREAMING on my part. The dealership guy was afraid to call the trustee to get it straightened out....until I threatened to go to his boss...after 2 weeks, it took 5 minutes!!!

Yes, they do like a normal "deal"...BUT the interest rate will be HIGH -- ours is 28%. We bought a $7,000. car for $253.00 a month. We didn't have a car for a trade-in. we didn't need a co-signer because the trustee is a heck of a lot more important than any co-signer you'd come up with. There are certain dealerships that understand how to do this...ask your attorney who he recommends.

[Nicollette]

RJD, do you have clear title to your Jetta, or are you still making payments on it? This reason I'm asking is because I'm wanting to purchase a newer vehicle myself, and since my current vehicle is included in my plan, the paralegal at my attorney's office is filing a motion with the courts to surrender my current vehicle, and also getting permission for me to incur the debt of getting another vehicle. There are dealerships out there that work with lenders who will finance people in an open 13 with the Trustee's approval. What state are you in?