Motion to Incur Debt

[steveok]

As i have posted in another thread, I have filed a motion to incur $6,000 debt for a vehicle after I sell the current vehicle I have for 16,000.00

My attorney said that objections to motions to incur debt of this size are extremely rare...

Just curious if anyone has ever had an objection to a motion to incur debt, and if so, what was the issue...

Stephen

[steveok]

Its been one week tomorrow and no objections....hope this is good news!

[justbroke]

It is likely good news. In some cases, the Trustee may even file a Response in support of your motion. Either way, you just need to wait it out.

[steveok]

Thanks, unfortunately, I suffer from OCD and acute anxiety (on meds for both) which this case has not helped. I have emailed my attorney a few times asking if the trustee or anyone had raised any objections. At one time, I talked with the trustees office and they said that they were fine with it. Yesterday I get a "nice" cough....email from my attorney asking me not to email them and that if anything was wrong they could contact me.

I wasn't too happy....All they had to do is respond to my email that....everything was fine.....

[justbroke]

Whenever a "represented" debtor contacts the Trustee, this looks very bad on the attorney. In fact, some Trustees will contact the Attorney and either inquire as to what's wrong or actually start wondering if there is something wrong with the debtor-attorney relationship. You should never contact the Trustee directly when you are represented. It really does make your attorney look bad.

Try to relax. Bankruptcy is a slow "technical" process.

[steveok]

Thanks...I just keep thinking 18 months to go and we are done!

[woeisme]

I got rejected on a motion to incur debt to buy a vehicle because the trustee thought the car I proposed to buy had too high of mileage, apparently he has never tried to get a car loan for a vehicle while in BK, basically the only ones that will work with you are the ones that are also somewhat ripping you off (a buy-here pay-here place in my case) and I couldn't really didn't have the power to negotiate for a lower-mileage vehicle in my price range...

[steveok]

UPDATE: I talked with my attorney's paralegal today and she said they had visited with the trustee. The trustee said that they "normally" would only approval a vehicle up to $12K, but with me being at 100% and a good payment record they would go ahead and approve my motion to incur debt. Motion filed June 20, so far as of today, no objections (which we don't suspect any)....Have to wait until the 24 days are up so after Saturday, July 14, attorney can file the order for rht judges signature!

[AngelinaCat]

Congratulations! You are on your way.

[steveok]

Thanks...I don't know why my trustee doesn't send a letter to the debtor since they send one to the attorney...I hate to ask my attorney for a copy...

[steveok]

YEA!!!!! Today (Friday) is day 23 out of the 24...tomorrow (Saturday) is day 24 out of 24.....unfortunately, when it falls on a weekend, I think creditors have the following Monday to file an objection if they want to, but I don't think anyone will being it's been this long. My atty said they will file the order ASAP and suspect the Judge will sign it hopefully Wednesday. The car I ordered is in, and waiting for me to pick up after I get the signed order to incur the debt for the loan and trade in my Jeep Liberty.

[justbroke]

Very nice to hear! Yes, the date would be Monday since the 24th day falls on a weekend/holiday. Congratulations!

[steveok]

So excited...I went over to the dealer today to make sure they had everything they needed, references, insurance verification, copy of DL, went over the financing details. etc. Took a look at the car....BEAUTIFUL! All I need is the signed order this week! I feel like a kid in a candy shop!

Payments will only be $190 a month (Which includes the extended warranty). Interest rate rather steep, but expected under current situation.

[Monday]

Just wanted to provide hope for those considering motions to incur debt and the trustee objects -- my trustee objected intensely. We had to go before the judge, and the judge approved my motion. So, don't be scared off by an adversarial trustee.

[LadyInTheRed]

Just wanted to provide hope for those considering motions to incur debt and the trustee objects -- my trustee objected intensely. We had to go before the judge, and the judge approved my motion. So, don't be scared off by an adversarial trustee.

I'm glad you posted this. So many people think trustees have more power than they do. Yes, they can make things difficult, but if they are being unreasonable, the judge makes the final call about what will happen in your case.