Question about "giving your car back" in a 13

[RJD]

My situation is a little unusual...

My car has essentially broken down. I can't afford to keep pumping money into it. My payments in my 13 go exclusively to the bank that owns my car (via the Trustee, naturally). My attorney said that we'll file a motion to basically give the car back to the bank in the hopes that they'll just say, "Fine, forget the rest of the payment because the car is worthless." Hypothetically, if that goes through, here's my option...

In order to get a new vehicle, my dad has offered to purchase it and I would make my payments directly to him. I wouldn't be incurring new debt. It would be more like a lease. My question is this: what does that do to my new, amended, payments with the trustee? I'm going to show that I'll be paying (for the sake of argument) $300 per month for the new car. So, it's going to be a new expense. However, I don't think I have to get permission to do this because I'm not incurring the debt; my dad is.

Anyone heard of a situation like this that they could advise on? I'm going to run it by my attorney but he takes forever in getting back to me, so I thought someone here might have a potential answer/solution.

Thanks.

[lrprn]

I'm thinking that because the new car loan would not be in your name, your trustee won't allow the payment to your dad to be considered a legitimate expense if you amend your 13 plan.

Of course, your own lawyer is the source of truth here, so after you ask please come back and let us know what he/she tells you.