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

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Car buying - active 13

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  • Car buying - active 13

    I have found myself needing a car during my chapter 13. I wanted to outline the process I have gone through in getting a car.

    I first talked to my attorney and we looked at my budget along with priority debts and non-priority debts and came up with a monthly payment that would be feasible. She gave me a document to fill out once I had found a car, the document is "Motion To Incur Additional Debt". I was told to find a car, keep it under our payment amount, fill the form out and return it to here along with the dealer quote.

    My first shopping experience was a bust. I found a car that would fit my payment amount limit, but the dealership was horrible to work with and offered me an interest rate of nearly 19%. They would not budge off of the sticker price and kept adding unusual fees in. I know I have an open bankruptcy and deserve a higher rate, but that seemed outrageous. I found another dealership, and the salesman had just completed a 13 with my trustee, he understood how the process worked. They were polite, nice, and seemed to go above and beyond everything to help me. I was approved at this dealership for 13.71%.

    At this point, I have forwarded to my attorney the buyers order from the dealership and the form she gave me. I will update once I hear something back from her, and I actually get the motion on the docket. It was a painless process once I found a dealer that was not trying to take advantage of me.

  • #2
    Good luck and congrats! You got lucky!
    Discharge date: October 2017 (will it ever get here?)


    • #3
      My attorney filed a motion yesterday to incur additional debt and to amend my plan. From the looks of it, I should able to sign the papers for the new car in fourteen days. Not the best car out, actually it is one of the cheaper cars being made right now. But it should easily hold me for the next four years of my plan.


      • #4


        • #5
          I had to go thru the same experience. I had 2 lease vehicles I needed to replace during my active 13. One of them I replaced in 2013. I had to file motion to incur debt twice as the first dealer misled me but I can honestly say, I had no issues whatsoever getting the judge approval. Either way, I was able to purchase an suv from Enterprise Car Sales thru First Investors Financial Services at 9.9%. My second lease, I shopped around and got crazy interest rates so took the plunge and borrowed from my 401K.

          Good luck on your purchase and hope all goes well for you.


          • #6
            Wanted to give a final update on this. It took a while to get the car - just got it last week, about 8 weeks from the time I found a car until I got court approval. Once the court approved we reapplied for financing and that is when I learned we had to wait another 30 days. The financing company had an underwriting policy that if you applied once and didn't take the loan, and you applied again you had to wait 30 days to buy the car. So when I sent the initial paperwork to my attorney the dealer had put the financing through to see what rate I would get, this ended up causing me to wait an additional month, but it all worked out OK. My plan and budget were adjusted to make room for the new car payment. By the time bankruptcy ends, I will have a car that is almost paid off.


            • #7
              Phew. Thanks for posting the entire story. It should help many others.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              I am not an attorney. Any advice provided is not legal advice.


              • #8
                We filed our 13 in 2005. Almost 3 years into my plan, we filed a request to modify the plan and incur new debt. The only restriction I received was that the loan be under 15K. My plan payment was decreased to accommodate the car payment. I bought a 1 year old Certified Pre-owned Nissan Xterra (2007). The way I saw it was I was getting 3 years of a 5 year loan paid off without any extra money coming out of my pocket. Win Win!! PS: I am STILL driving this car today
                You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing


                • #9
                  Originally posted by krielly View Post
                  We filed our 13 in 2005. Almost 3 years into my plan, we filed a request to modify the plan and incur new debt. The only restriction I received was that the loan be under 15K. My plan payment was decreased to accommodate the car payment. I bought a 1 year old Certified Pre-owned Nissan Xterra (2007). The way I saw it was I was getting 3 years of a 5 year loan paid off without any extra money coming out of my pocket. Win Win!! PS: I am STILL driving this car today
                  That is great!


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