Ch.13 Curious Questions

[JPOP1]

Well this is one of the reasons I posted this question. I guess I need to call my attorney and find out for sure. But I remember my attorney in a "round about" way saying that I should try to lower my car payments because they were killing me. How else am I supposed to get a lower car payment without either trading the car and getting a new loan or letting one go back and taking on another loan? I guess I could find one of those "buy here, pay here" places and get a junker that want last the 5 years. That dont sound like a good option. For me at least.
My goal in all this is to get a lower payment for the 5 years I'm in ch 13. My current 2 car payments are 631.00 & 558.00. Even with letting the one go back and saving 631.00 I still dont have enough disposable income to pay any of the unsecured creditors.

[Jman30]

I am almost positive, but don't quote me on this since I can only speak from my personal experience, but I believe it is a HUGE red flag if you incur debt like that right before filing a BK. Additionally, I believe it is actually illegal to take on debt knowing full well that you are going to file Bankruptcy.

Maybe I am wrong and others here can provide more information, but I am almost positive this is NOT a good move to take on the debt, even if you are lowering your car payment.

[macsen]

I traded in my truck for a new car one month before filing. The terms of my lease would have expired about 2.5 yrs. into a Ch. 13 so my attorney "suggested" I get one with a lower payment that would last the duration. He said there was absolutely nothing fraudulent in financing a new vehicle at a lower payment than the previous vehicle, especially since we presented intent to re-affirm in the filing. I could see if you somehow could finance a vehicle and then do a cram down on it a few weeks later but that is now impossible to do. As posted MANY times before though, each district and each trustee varies in how they handle things...hence the benefit to hiring an experienced attorney.

[JPOP1]

I was able to speak with my Attorney briefly this morning and once again she stated that since our goal is to lower the car payment that we would be fine. I'm looking at going from a 631.00 truck payment to something in the 350.00 range. I agree with you Jman30, this doesnt seem right. However, I got to trust in my attorney on this. Thanks everyone for your post!