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Commonwealth Pennsylvania OLD Law need a used car

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    Commonwealth Pennsylvania OLD Law need a used car

    My apologies if this topic has been visited before.

    I have 12 months left of a 36 month 100% plan.
    All payments to trustee, mortgage, insurances and utilities have been made on time.
    I currently drive a '94 Honda Accord 248K miles. Six months ago was diagnosed with oil leak; needs head gasket repair, timing belt, water pump etc........3 quotes ranged from 1400 - 1600 dollars.
    I am driving on borrowed time.
    My net salary is 2800.00 per month.
    Mortgage 600.00
    Insurances 250.00
    Trustee pmt 750.00
    Misc the rest
    What should I pursue? I think my only choices are:
    1) Make the repairs and pray to God or Goddess Asphalta nothing else happens until discharge
    2) Contact atty. ask permission to raid my IRA for 8K to 10K for something sensible. Public trans is available but a nightmare for me because I go through scarey territory.
    Any advice or suggestion will be appreciated.
    This forum is a wonderful place and you all seem so helpful and patient.
    Thank you !
    CH 13 OLD LAW
    10/14/05
    Closed completed
    Final accounting 04/2009

    #2
    Is your plan 100% because your debt was all secured and you wanted to keep assets, or because that is what they determined you could afford to pay? Are you in a 36 month plan because you were under the median salary, or because that's all the longer it would take to pay everything back 100%? I guess why I'm asking these questions is because it seems like it may be possible for you to ask for an amended plan, where the trustee allows you to purchase a vehicle and includes that amount in your monthly expenses, so some of your current trustee payment would go towards the vehicle payments, but it's really going to depend on why you are in 100% payback I think (i.e., did it just work out that way based on your schedules, or is that something you have to pay to keep your assets.) I'd call your attorney and ask about an amended plan where your car payment is part of the budget before asking about raiding your retirement funds though.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

    Comment


      #3
      Personally I would have my plan adjusted to fix the vehicle until my bk is over, then purchase a better car and sell the old one......

      That way, you don't bother your 401K for any reason........

      The Trustee will allow for repairs....... but might question why you want to draw from your 401K to buy another vehicle...... (he would like to get his hands on that 401K to pay creditors).....

      Just my thoughts.......
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        Thanks for your replies...My atty is on vacation and cannot be reached unil Nov
        I am under the OLD law no means test required.
        Yes the 36 month plan was the minimum for my unsecured debts.
        I will do more research. Thank you
        CH 13 OLD LAW
        10/14/05
        Closed completed
        Final accounting 04/2009

        Comment


          #5
          I learned my attorney charges $500.00 to submit an amended plan. Yikes !
          CH 13 OLD LAW
          10/14/05
          Closed completed
          Final accounting 04/2009

          Comment

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