Auto Loan under Ch13?

[kelvinjai]

Any of you have obtained an auto loan approval from trustee? If yes, may I ask how much?

The car I am driving doesn't look too good recently and I want to either sell it or trade in for another one. Wanna ask you guys some comment. Thanks!

[HHM]

Are you, were you, making payments on the car you have now. If so, then the payment for your new car purchase needs to be within a reasonable range of your existing payment.

If not, then you will need to show that by taking on this new payment, you will still be able to complete your chapter 13 plan.

[kelvinjai]

Are you, were you, making payments on the car you have now. If so, then the payment for your new car purchase needs to be within a reasonable range of your existing payment.

If not, then you will need to show that by taking on this new payment, you will still be able to complete your chapter 13 plan.

I am not making any payment to my car now. When you say I need to show that I will still be able to complete my Ch13 plan, how can I prove that?

Thanks again!

[herekitty]

I think it means that CH 13 is supposed to be for all your disposable income - say $300 a month. The trustee then puts that $300 towards new bills. You'll have to prove that you can still make that $300 if you take on a $200 car payment and then explain where the extra $200 is coming from.

[kelvinjai]

I think it means that CH 13 is supposed to be for all your disposable income - say $300 a month. The trustee then puts that $300 towards new bills. You'll have to prove that you can still make that $300 if you take on a $200 car payment and then explain where the extra $200 is coming from.

So does it mean I need to pay the new car monthly payment plus the SAME trustee payment at the same time?

Here is my situation, I am now under Chapter 13 and has no car payment in my plan. Howerver, my car break down recently and I need to buy another one (new or used). I know I need to get a letter from my trustee definitely. However, my concern is I will start paying car payment every month and I can't keep up the monthly trustee payment for sure. Can I request the trustee to lower my payment so I can accomplish the car payment?

[HHM]

So does it mean I need to pay the new car monthly payment plus the SAME trustee payment at the same time?

Here is my situation, I am now under Chapter 13 and has no car payment in my plan. Howerver, my car break down recently and I need to buy another one (new or used). I know I need to get a letter from my trustee definitely. However, my concern is I will start paying car payment every month and I can't keep up the monthly trustee payment for sure. Can I request the trustee to lower my payment so I can accomplish the car payment?

You can request it, but whether your request will be granted is another question.
You basically need to file a request to the court to incur debt to purchase the car while at the same time making an amendment to your chapter 13 plan and petition schedules (schedule J specifically). I would think that since the car purchase will may result in a lower plan payment, the trustee may object, but if the new chapter 13 plan is otherwise feasible and reasonable, the court may accept it.