Advice Anyone

[Nicollette]

I posted in a thread not long ago that I'm 90 percent sure that I want to surrender my vehicle which is included in my plan and just buy a car when I get my tax refund. Something that will get me back and forth to work. Well, I informed the paralegal about this weeks ago, and she said that I should talk it over with my attorney first before I make any drastic decisions. She said she would have him call me within the next couple of days. Well, it's been 2 weeks and I haven't heard a thing. I can't just show up at his office because he's closed by the time I get off work. The paralegal says she don't think the trustee will let me incur debt to finance a car so that's why i'm gonna just buy one outright. Any advice on what I should do as far as getting the chance to talk to my attorney? I feel like I'm getting on the paralegal's nerves and I also feel like my attorney is avoiding me, or just isn't concerned about my case.

[Flamingo]

You need trustee approval to do what you want to do. It appears you contacted your attorney's office around the holidays and if your BK attorney handles mostly BKs, you get bet he is extremely busy. Anyway, you need to get ahold of your attorney (advise the paralegal if you cannot get past him/her that you paid for his services) and advise what you want to do and your attorney will contact the trustee. Do not go out and do this on your own until you have permission and instructions from your attorney/trustee.

[MJJ3767]

Will the trustee even allow you to keep your tax refund? That is something you need to check on before you go any further.

[Introuble2008]

We're in Oregon ---- we filed 13 last summer. At the advice of our attorney....We surrendered 2 cars (high payments) and kept an old PU with 200,000+ miles (owned free and clear). We then applied to buy a car. Discovered they'd allow us to have a car for no more than $300.00 payment (based on income). The trustee has a form to be filled out, got permission, bought the car and the payment was then reduced OFF our monthly payback to the court. It was a hassle to get done (mostly because of the car dealership and the first request being moot because the bank closed down). BUT - it was worth it! We actually ended up with a car we like MUCH better than any we've ever had!!!!!! Go figure!

[Nicollette]

Flamingo, Are you saying that I need the trustee's approval to buy a car for maybe $2500? I would own the car free and clear. I know I would need approval if I wanted to finance a car. I hope to do this with my tax refund, which I get to keep because my attorney had it exempted from my plan. I just don't understand why the paralegal is giving me the impression that I have to keep the car that I want to surrender. I owe way more on it than what it is worth.

[Flamingo]

Flamingo, Are you saying that I need the trustee's approval to buy a car for maybe $2500? I would own the car free and clear. I know I would need approval if I wanted to finance a car. I hope to do this with my tax refund, which I get to keep because my attorney had it exempted from my plan. I just don't understand why the paralegal is giving me the impression that I have to keep the car that I want to surrender. I owe way more on it than what it is worth.

Your entire financial estate is under the control of your trustee from the day you file until the day you are discharged. You yourself cannot modify your plan and sell/surrender your car in the Plan now and purchase another one. To do that you have to have Trustee permission and that starts with contacting your attorney as to what you would like to do if it can be done.

[Nicollette]

So, can the Trustee deny the surrendering of my vehicle and advise me to keep it? I know these are questions that I have to discuss with my attorney, and I will, but I'm just wondering can the surrendering of my vehicle be an objection from the Trustee?