just turned in car lease DURING BK13...

[Mrs. H]

Hi All,

Looked for an answer to this many times and got no help. Maybe I'm searching the wrong thing, so I went for a new post instead...

The SUV's lease was up, as stated above - DURING our Chapter 13 - so we brought it back to a dealer two days ago. It would have cost too much to buy it.

Of course, we told the lawyer well beforehand. The lawyer's answer was as follows:

-If you DON'T want to get another car - DON'T. The Trustee is way too busy in South Jersey to bother with you. Go ahead and keep the money. If they ever ask you about it - tell them you're looking for another car. There will be no step-up in payments to the Trustee.

-If you DO want another car - you DO NOT need to get permission from the Trustee as long as the new car price is similar to your old SUV payment.

So, we want to take the money instead, which is what the lawyer suggests we do. And we have also looked into another car anyway, just to be safe.

We've lived on one car before and can do it again. If you've ever read any of my old posts, then you know that our Chapter 13 was ridiculously tight to begin with. This money will be used for some desperately-needed home repairs - main drain pipe replacement, dryer vent problem, etc.

If the lawyer is wrong - we do have the phone records to prove that we contacted him about everything - just like you're supposed to.

My other argument would be that we NEVER GOT ANY RULES AT THE 341. The only thing that we ever got that was written were instructions on where to send the Trustee's payment!!

Maybe the lawyer's right. The Trustee here doesn't seem to look at taxes or anything else either during your Chapter 13.

So, what are the thoughts about this? Please, discuss - I am very eager to hear what anyone has to say.

Perhaps someone will get something out of our situation, as well, or is going through the same thing.

Thank you,
Mrs. H.

[lrprn]

You paid your lawyer for his knowledgeable advice. He provided it. It's up to you to decide whether you are going to take it or not. If he's steered you right so far (and it sounds like he has), then I'd trust him on what to do about your car as well.

[Mrs. H]

-

Thank you, lrprn. I have always valued your knowledgeable opinion.

I had to ask since the lawyer's answer always seems to be "Just SHUT UP about it and keep paying the Trustee." And we ask him about everything!

Sorry, but I get nervous about that answer sometimes.

I keep thinking that just because they didn't want taxes or anything one year - doesn't mean that they're not going to ask in the future. I sure don't want a step up and don't want to be dismissed either.

One car is fine for now. We'll continue to look for another for the future and the "extra" (quote, unquote) money will be very helpful.

As you keep going through time in this, you do get less emotional. Sometimes, you still need some reassurance that you're not doing something wrong.

Thank you again.