filing chpt 13 can i keep my car

[novemberrain]

i filed for chpt 7 on 5-18 and it got dismissed on 8-15. i have not made a car payment since june. does this look bad now that i am going to file a chpt 13? when i filed for chpt 7 i got my car affirmed. shortly after filing bk i went on disability so i havent had the money to make a payment. i was current with my car payments as of june.
how does the whole car payment thing work when you file a chpt 13? my monthly car payment is $375. My previous attorney told me they would not want my car because of the age, mileage, and how much more i owe on the car. i have a 01 ford explorer with 138,000 miles on it and owe $6200. could i put that in the bk and get a new car? not sure how it works. if someone could explain befor i go to my new attorney tomorrow. thanks.

[rrockinggramma]

If you have had your vehicle for more than 910 days then it can be "crammed down" to FMV in your chapter 13, meaning you would probably owe a lot less than 6200 for it. It can be included in your chapter 13 along with all your other debt. The other issue though is will it make it through a plan? If not, then before even talking to a new attorney go get yourself another vehicle that will, if you can. You might just go get another vehicle, no trade in etc, and let the old one go back in your chapter 13.