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Car Payments right before and after filing

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    Car Payments right before and after filing

    I am trying to budget my cash flows for the next few months and need to understand timing of car payments for secured vehicles.

    I have car payments due on the 13th and 21st and will be filing around the 15th. I am going to keep both vehicles during the ch 13 plan.

    Do I need to pay both payments or just the one due on the 13th before the petition date? Since 1st trustee payment is due in 30 days will I have to pay the May's payment for the one due on the 13th as well,out of pocket, or will the trustee payment cover it?

    #2
    We were told to not make the payment on our vehicles for the month we planned to file. But we ended up not paying one a month earlier to get moved in our new place.

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      #3
      u shouldnt make any payments on any creditor prior to filing
      Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
      The rebuilding begins

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        #4
        Originally posted by jetsfan2010 View Post
        u shouldnt make any payments on any creditor prior to filing
        Absolutely not true. Secured creditors need to be paid.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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          #5
          My lawyer said it won't hurt anything to pay secured creditors to keep them current if I'm planning on doing a 'ride-through' in my Chapter 7. NOT reaffirm, not sign anything they might send me, just keep my payment current. I've decided to try for a 722 redemption on my car, however, and am still waiting on an answer from the lawyer about whether to keep paying my auto loan. It seems logical to keep things current if you're going to keep them, but since you're in a 13, this might be a chance to have a few 'free' months? Your lawyer will surely know what's best in this case.
          Filed Chapter 7 on 2/22/11, 341 meeting held 3/30/11, relief of stay on foreclosure 4/12/11, relief of stay on auto 5/17/11, Discharge on 6/6/11!

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