Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Question about replacing car

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  • Question about replacing car

    I need some help.
    My wife and I filed ch 13 (5 year plan) - 8 months ago. One 2006 Chevy in the 13 and a 2002 dodge ram paid for with a cracked head and bad front end. Mortgage and 13payments have been on time, our ch13 payment seems high to me at $950, but we could swing a small car payment. We need dependable/safe transportation not only to get to work but have a 8 year old child also!
    Does anyone have anyone have any suggestions on how to proceed to get financing for a newer vehicle to replace the dodge.
    The lawyer told us if we needed to file a motion it would be $250, can I just go to the trustee? And what is the best approach with dealer, do I get approval 1st? What can I expect for terms, % wise.
    Thanks In Advance!

  • #2
    Update so far -
    Finally managed to get the trustee office to ask how to proceed. The trustee office person in charge of the case # was not helpful at all. One word answer yes, no. No help. She said I have to go through the attorney to incur debt. I said they wanted to charge, and she didn't respond. Then I emailed the attorney and the assistant said if we wanted a replacement vehicle, we would need $400 to file a motion to incur debt and then to rework the income and debt to see if we can make the payment. We don't even know if we can get financed?
    I havn't done anything else yet, hopefully someone will have some suggestions to replace a vehicle in chapter 13 and financing.
    I'm not sure how it would have affected the monthly payment, but I definately would have purchased at least 1 newer car before bk. It is very frustrating having no alternatives or answers. It seems the people abusing the system are in much better shape than the folks just trying to do the right thing and save your house.
    Any comments would be appreciated.


    • #3
      Yes the process has to go through your lawyer. He has to motion to incur new debt and follow the channels through the trustee and judge. If you have a good lawyer there should be little or no fee involved. That is why the fees for filing 13 are high. He is on retainer for the duration.

      Any new debt to you has to have approval. Your plan payment is based on your disposable income and this will be directly affected. You will have to ammend your payments I'm sure. If you can afford an additional car payment now God bless you. You are doing better than most in a 13.

      Go and get your best deal on an affordable car and tell the person(s) your situation and that the paper work will require final approval. There are a lot of finance companies and car dealers to deal with. Don't expect any great rates or terms though. By the same token don't let them take advantage of you. We had a deal worked up to replace our 2004 Chevy with a 2008 Chevy at 13% interest, but 6 years of financing. Repaired our current car and will wait it out for 2 more years.
      Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!


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