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auto finance while in Chapter 13?

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    auto finance while in Chapter 13?

    We filed 12/09 and received confirmation 1/10. We have all debt included in our plan payments except a car loan. We pay it directly to the bank every month.

    As life goes, we're getting to make the last payment next month on a loan I've been paying for five years....the transmission goes out. It's horrible timing for about a thousand different reasons, but I'll spare you that saga.

    I've tried to research my heart out this week and I feel like I'm majorly failing. I obviously need to clean up some errors on our credit report. I finally worked up the courage to check them last night and I'm trying to sort out what's right and wrong and all that jazz.

    Unfortunately, I don't have time for that. I have a car that won't move, is going to cost a few thousand to fix, and already has way over 200k on it and a host of other problems. I need another car STAT. I contacted my lawyer and was told that I need to secure some kind of financing, rates, make and model, and send all the details to my trustee for approval. I need to keep it in the $5k range, which even with an insanely high interest rate, would keep the payment around what we have now.

    I thought it would be easier to find a lender and see if we could get pre-approved, then find a vehicle.

    Every lender for bad credit/ bankruptcy requests something like: the loan must be for at least $7500, the car must be newer (within 7 years), bankruptcy must be discharged, etc.

    I've found some bad credit lenders, but they won't allow me to apply directly, I have to use one of their dealerships. I don't want to apply to every dealership in town and get 10 hits on my credit. It doesn't need anymore damage!

    Honestly, is there a snowball's chance in hell I'll get approved for anything? This loan will essentially replace the loan we already have, so it's not really a new expense. My lawyer thinks the trustee will approve it just for this reason. That, and the fact that if I have no car, I won't have a job for very long.

    Advice? Insight? Thoughts?

    Oh, and hi, my name is papie. It's nice to read all the old threads. I work in finance, obviously not in a bankruptcy department. Ha.

    #2
    Papie, ask your lawyer if he/she knows about a local lender who has been more tolerant for his/her clients who are in active bankruptcies. We have had other forum members in active 13s get auto loans, so it's not impossible. You might search for threads about what those members did.

    Some of our members have had better luck in the smaller "mom and pop" car lots rather than the big dealerships. Are there any of those in your area?

    Another option is to try RoadLoans online - although this forum doesn't guarantee or endorse any lender, some of our members have had good luck with them (although the interest rate will be high).

    Good luck and keep us posted about what you find out.
    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
      Papie,

      I had my bankruptcy confirmed back on 9-17-2010 and a little over a month ago became necessary to purchase a new car as my original truck had well over 100K and the cost for fixing and maintaining was starting to approach the cars value. I actually got an advertisement from a nearby Ford dealer and was able to get a 2010 Mercury Milan. As you can imagine, the interest rate is crazy 19% but the lender has a program that decreases the percentage 0.25 for every 3 ontime payments up to 2 % per year. In any case the dealership actually let me take the car a few weeks ago even though the court date for approval is not until 12-17. I had to put 2K down and will have a payment near 500 per month but I was able to get a practically new car with very low mileage as I have a 90 mile a day commute. The caveat is that I'm in a 100% payback plan and have lots of room budget wise for the new payment but just wanted to let you know that it should definitely be possible.
      Filed 6-29-2010
      341 Meeting 8-30-2010
      Confirmed 9-17-2010 100% 60 months 1375 per month including Student Loans

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        #4
        My Trustee approved a 401K loan for us to purchase a car. Now I'm paying myself back just 5% interest for the car instead of the 21% roadloans wanted.

        A good option if you have the 401K funds. Obviously read-up on any pitfalls of 401K loans.
        19% dividend

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