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    selling nonexempt car?

    i want to get rid of a nonexempt car. the value of it is $500 in the confirmed chap 13 plan. i want to use the money to pay down the amount i owe the plan.

    can this be done?


    i passed the means test.
    36 month chap 13 plan.

    paying for $10000 in nonexempt property, $2000 back mortgage, $2500 attorneys fees.

    #2
    Originally posted by systemslt View Post
    i want to get rid of a nonexempt car. the value of it is $500 in the confirmed chap 13 plan. i want to use the money to pay down the amount i owe the plan. can this be done?
    First because the car is an asset of your estate, you must have your trustee's permission to sell it even if its value is low.

    Second, unless you are in a 100% payback plan (are you?), any small amount extra (and $500 is a very small amount) that you pay into your plan just increases the amount of money your creditors will get. It won't lower your monthly Ch 13 payment or decrease the number of payments you have to make.

    So the answer to your question, "Can I sell the car?", is yes. But unless you are in a 100% payback plan, it's not going to decrease your Ch 13 payment or reduce the amount you owe. Sorry the news isn't what you hoped.
    Last edited by lrprn; 07-04-2008, 05:57 PM.
    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
      Originally posted by lrprn View Post
      First because the car is an asset of your estate, you must have your trustee's permission to sell it even if its value is low.

      Second, unless you are in a 100% payback plan (are you?), any small amount extra (and $500 is a very small amount) that you pay into your plan just increases the amount of money your creditors will get. It won't lower your monthly Ch 13 payment or decrease the number of payments you have to make.

      So the answer to your question, "Can I sell the car?", is yes. But unless you are in a 100% payback plan, it's not going to decrease your Ch 13 payment or reduce the amount you owe. Sorry the news isn't what you hoped.
      no 100% payback.

      thanks for the answer to my question.

      Comment

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