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Would we have to re-do income/expenses if we request to incur Auto Loan?

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    Would we have to re-do income/expenses if we request to incur Auto Loan?

    We did purchase a newer car before filing but thought another of ours would make it through (already paying minimum to secured/priority + about 3% to unsecured). If we wanted to incur debt to replace our 2003/170kmlg car within the next year or so would we have to redo our whole plan? BTW, we live in N Calif.
    Thanks,
    Filed CH13/5yr 7/29/10
    341 10/7/10
    Confirmed 11/7/10

    #2
    Assuming your 2003 car is paid off in full, whether your plan would have to be amended depends on several things:
    - whether you can buy a used car for cash and therefore have no change in your expenses
    - the amount of loan money you can finance to purchase a car which determines how much car payment you have each month
    - what your trustee considers a "reasonable" monthly car payment
    - adding in the new car payment, how much your other expenses have changed since filing

    Start by talking between yourselves to sort out whether you want a "new" vs. a "new to you" car first and what you can reasonably pay for a car payment/month. Then set up a meeting with your lawyer and figure out how to proceed if you decide to pull the trigger and ask your trustee to go after a car loan.

    Good luck and keep us posted on what you decide to do.
    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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