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Can you turn in a vehicle after filing but before confirmation?

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    Can you turn in a vehicle after filing but before confirmation?

    I am in Kansas. My husband and I surrendered one car in June and kept one car and a motorcycle. Unfortunately, his work times are not even close to mine, so when the weather is bad, I am up at 4am to take him to work, then back across town to my house, kids up, drop off, then across town to work, etc.

    I have called my attorney, but can anyone tell me if they have heard of anyone surrendering another vehicle (motorcycle) prior to confirmation, then getting permission to buy another car? We have a friend who has a truck he will sell us for $3500 with payments around $150 a month. I don't want to include him in the C13 payment, as he would not get his money. I would think the trustee would see this as reasonable.

    Any input?
    Secured Debt $196,500 Unsecured Debt $128,000
    Filed C13 5/29/2009
    341 Meeting 6/22/09
    Confirmed 11/30/09

    #2
    Discuss your car needs with your lawyer now. If you need a second car, then there's no time like the present to find out what's possible.

    It's less messy (and depending on your lawyer, possibly less expensive as well ) to modify your plan before confirmation than it is afterwards.

    I encourage you to do a few searches here to read other Ch 13 filers' experiences trying to find lending for a car during a Ch 13. It can be very difficult. Before deciding to let go of the motorcycle, put some feelers out at local banks and credit unions, and at the local car dealers to see what kind of loan you can qualify for. It may help you decide that getting up really early some days for awhile longer isn't so bad after all
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Still can't get attorney to call me. My confirmation hearing is the 9th of Sept and I already know the Trustee wants more money. The motorcycle is $99 of the plan (crammed down at market value I guess ) or $182 a normal payment. We want to surrender. A friend has offered to sell us a 97 Honda for $1000 making $200 a month payments.

      I already had to give him new Schedule I and J due to change in husband's job. He didn't include the child support I get on the original Schedule I, so I didn't either. I just want to modify plan payments for 6 months so we can pay for this car outside of plan and get tagged.

      Any thoughts? I hate to hound my atty to death but you would think he would have some information.
      Secured Debt $196,500 Unsecured Debt $128,000
      Filed C13 5/29/2009
      341 Meeting 6/22/09
      Confirmed 11/30/09

      Comment


        #4
        Originally posted by 1aliasfan View Post
        Any thoughts? I hate to hound my atty to death but you would think he would have some information.
        You aren't going to get any medals for being nice in this situation. The next five years of your life are on the line here.

        Call your lawyer's office and get a face-to-face appointment for the coming week. Tell them it's because your 341 is coming up quickly and you want to surrender an asset that will cause a plan amendment. Don't take no for an answer.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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