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    Things going so well then bam!

    Hi all,

    I woke up to a family member (whom I've been helping stay and recover from drugs) to have stolen my car, and got into an accident! I'm looking at 3k in damages, and suing is not an option. The most unfortunate thing about all of this is I only have liability, so I am without a vehicle. I'm truly at a loss, but if Chapter 13 has taught me anything I won't give up. I'm going to hopefully get approval to finance a car, since this used car market is inflated. Has anyone gone through the car buying process while in a Chapter 13?

    Regards,

    #2
    My car rusted away to nothing during my 4th year of my Chapter 13 and I explored getting a loan for a new(er) car; I opted against that and used my meager savings to pay for a car. I got lucky, the new(er) car lasted for nearly six more years and was still in good shape last fall when I traded it in on a new car.

    Was your car insured? Will the payout be enough to cover the cost of a used car in good enough condition to get you through the rest of your bankruptcy? Assuming you need a loan for a new ride, I would reach out to your attorney and ask him/her for advice on your next steps.
    Chapter 13 (not 100%):
    • Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
    • Filed: 26-Feb-2015
    • MoC: 01-Mar-2015
    • 1st Payment (posted): 23-Mar-2015
    • 60th Payment (posted): 07-Feb-2020
    • Discharged: 04-Mar-2020
    • Closed: 23-Jun-2020

    Comment


      #3
      Unfortunately since the person driving had a suspended license and wrecked my car, nothing will be covered. I also had Liability on a $3500 truck because I have a clean driving record of not getting into any accidents. I don't want a car loan, because truthfully that does not better my situation.. but with how inflated the car market is, I don't see any other options. As of right now I'm burning through vacation days at work because I am without a car. I may have to walk or Uber when I can soon. I've reached out to my lawyer but he is out of office until next week. Thanks for your input shipo .

      Comment


      • mclawdawg
        mclawdawg commented
        Editing a comment
        Also suing this person (family member) will only result in jail time, since they have nothing to offer financially. But I'm okay with jail time for them as well.

      #4
      First off it's likely to take a while if you need to get approval from the court.

      My car was totaled during Chapter 13. I contacted the lawyer and did what he said. It included going to a dealership getting a quote and getting approved for a loan. It can't be a luxury car. Then that info went to the lawyer who then got approval from the trustee/court (not sure which) to allow us to purchase the vehicle. By that time the loan was no longer viable, but they were able to get another similar loan. And the car they used for the quote was sold already. So the car you look at and get a loan for is likely NOT what you purchase, but a similar car/similar price.

      I recommend finding a dealership that KNOWS how to deal with BK 13. The dealership I used for years said they could, but they were not experienced in it. I called another and the finance guy knew how to handle everything. This dealership did not advertise it. I would be leery of going someplace where they advertise, they can sell ANYONE a car. We were able to get a decent interest rate and I can't remember off the top of my head, but it wasn't terrible.

      My car was in great shape and so close to being paid off. I was so upset.
      I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

      Comment


      • mclawdawg
        mclawdawg commented
        Editing a comment
        Thank you all for your help on here. I'm very sorry about your car. Yes, I had the truck paid off and it was a steal off of a farmer, so no car note & reliable. I too couldn't wake up from that nightmare. As of right now I've been ubering and getting rides from work, I did everything you said in here. Thank you for the help. I will have a car shortly.

      #5
      Is there a ride-share group you can join or have you calculated the cost of daily Uber? For some people, taking a daily Uber is cheaper over all considering the cost of the car, interest, maintenance, and insurance. There is also public transpo.

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