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car loan and chapt 13

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    car loan and chapt 13

    I am still in chapter 13. My current car is 11 year old and I have found that I have been putting a lot of money into it. My mechanic says that it will probably start going down hill sometime in the summer...

    OK, I guess I need to contact the trustee about a loan. Will the trustee make me use my car until it is dead?

    Assuming it is no problem to get a newer car, I hear that there is an acceptable amount of I can get. I hear it is $14k or $400 per month.

    Will the trustee have to approve the car? or the loan amount?

    It is possibel to get a CAP one blank check while in Chapt 13?

    #2
    Originally posted by getback View Post
    OK, I guess I need to contact the trustee about a loan. Will the trustee make me use my car until it is dead?
    If you filed your Ch 13 with a lawyer, your first step is to contact that lawyer. He/she will contact your trustee and ask for permission to go car and loan shopping.

    Assuming it is no problem to get a newer car, I hear that there is an acceptable amount of I can get. I hear it is $14k or $400 per month.
    It can be quite difficult to find financing when you are in an active 13. The terms will not be good.

    If you can find financing, the amount you can borrow depends on what your trustee finds reasonable. Your lawyer can give you an idea of what to expect when you notify him/her about this situation.

    Will the trustee have to approve the car? or the loan amount?
    As long as the amount is reasonable to your trustee (and you should know ahead of time before starting to look what your trustee finds 'reasonable'), your trustee will only want to know how much the loan is for and the monthly payments.

    Ask your lawyer whether you should be considering a plan amendment that reflects your new car payment in your budget.

    It is possibel to get a CAP one blank check while in Chapt 13?
    Do a search for Capitol One blank check in this forum to see what others in your situation have experienced with Cap One. I'd say your chances are slim to none.

    Your better option is to check the small, independent car lots. That's where you are most likely to find the best deal on a car.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thanks for the response. Just contacted the lawyer. Now I am playing phone tag.

      He did leave a message identifying two options, unfortunetly, I deleted the message. I think he mentioned I needed to update the schedule and go for petition.

      Can I get approved to have a loan with a private party? lets say I have someone who wants to sell me their car, could I get approved to by from them?

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