Trustee paying regularly..... somewhat

[tleeburks]

Question,

My trustee has paid a regular payment on 1 feb and made one on 1 jan. pretty good huh. This time however he only paid the house and INTEREST on a car loan. He still to this day has not paid for my truck. It is listed in the plan online and everything but it has not been paid. Will the loan company get upset and try to repo it? Also, in the near future we are going to have to turn in the truck and get another more reliable vehicle. Its a 94 gashog. 153,000 miles on it, burns oil, etc etc etc. My lawyer told us when we wanted to INCUR MORE DEBT i.e. get a car loan, we had to go through her, pay 400.00 to file and see if the trustee says yes. If not, were out 400 bucks. Questions coming... Can we just call the trustee office direct? When we choose to turn the truck in is it over for that or do we owe? The lawyer says the debt just goes away for a secured loan. I have a van also I want to get rid of, no heat, high miles etc. Scenerio: If I choose to just buy a 500 car, put it in another family members name and then tell the lawyer, hey, I want to give up the van, can I do that? The deal is I'm paying alot of money of vehicles I will eventually turn in anyway. I would rather invest, if you will, money into vehicles that will last. I don't care too much about what I drive, it will sit in the parking lot at work anyway. But my wife I need to provide a stable vehicle. Any input is appreciated. Thanks
T.

[StaciMM]

First, they can't repo unless the court lifts the stay and the court won't life the stay if you've done your part. (Regardless of when the trustee sends payment...)

If you do give up your vehicle that is in the plan-I imagine that any deficiency balance would become an unsecured debt, and if your plan doesn't pay anything to unsecured then they would get nothing more. (REgardless of whether you get a new vehicle w/ payment, 'borrow' one, etc.)

[Jman30]

I know they definitely CANNOT repo your truck as long as it is in the 13 and the Trustee has not lifted the stay. Which they should not do as long as you are holding up your end of the bargain.

But I do also wonder about that, just for information's sake. I've been in a Chapter 13 now for 14 months and the Trustee has ONLY paid his fee, the lawyer fee and my mortgage. Not one penny has gone to any other creditor. I know it is not my problem at this point...but it is an interesting question, since the Trustee (I am assuming) is earning interest on this money that is sitting in an account waiting to be dispersed. Where does this interest go??

[tleeburks]

Speaking of the truck again, am I allowed to talk to the trustee directly and ask if we can incur more debt without having to maybe waste 400.00 dollars on the filing fee? If so, then I need to ask so we can proceed on and get a more stable vehicle. thanks
t.

[Jman30]

I do not believe you can ask the Trustee directly, no. Why is your lawyer charging you $400 for this filing? I have made several modifications and done numerous filings over the last 14 months and my attorney has never charged me for any of them. I paid him a flat fee up front and the rest he gets from the Chapter 13 payments.

[bkfiler]

Speaking of the truck again, am I allowed to talk to the trustee directly and ask if we can incur more debt without having to maybe waste 400.00 dollars on the filing fee? If so, then I need to ask so we can proceed on and get a more stable vehicle. thanks
t.

id go talk to him directly. you are allowed to.

as for your attorney, maybe there is a cost for changign things around like that. but its got to come out of the plan and be approved. everythign he makes is scheduled in the plan.

did you guys know that the attorneys go to court to ask the judge for payment oks. its the funniest thing ive seen besides the worthless 341 mettings. they always get it and its already know how much it is but they still go to ask if its ok - this is for chapt 13 only.