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    Paying off a vehicle while in BK

    The day I filed Chapter 7, I only had 3 payments left on my truck and listed $1500 as being owed. Since filing I have made one payment and expect to make another by the time my 341 rolls around. I have been current on the truck and not behind any payments.

    Since I will have paid $1000 in payments and will owe $1000 less than when I filed, does the trustee look at the current liability (2 months after I filed) or on the day I filed? I am assuming that the way my lawyer applied exemptions based on value-liability=equity (apply exemptions to equity) that the $1000 I will have paid is safe. Any thoughts?

    I intend on keeping the truck, unless the trustee decides otherwise, which leads into another question. I passed the means test based on income, (Bush economics at work, undervalues my college degree) but my monthly expenses will obviously be reduced by $500 once I pay off the truck in October....is this a problem?

    Thoughts...strategy...ideas? My lawyer just says don't worry, but I have quickly learned that he says that about everything.

    #2
    What is the truck worth in relation to the equity exemption in your state?

    I think you may well be at risk for the trustee to object under "the totality of the circumstances" and try and force you into a 13 since you'll have an extra $500/month after the Oct. payment. Will adding that $500 allow you to have enough MDI to fund a 13?

    Comment


      #3
      What does a MDI stand for please? Still learning the abbreviations/acronyms on this forum
      Chapter 13 filer since Feb. 2018 under a 60 months payment plan
      Please think positive and do not give up!

      Comment


        #4
        Originally posted by ForumReader View Post
        What does a MDI stand for please? Still learning the abbreviations/acronyms on this forum
        Monthly Disposable Income
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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          #5
          Originally posted by dspii View Post
          The day I filed Chapter 7, I only had 3 payments left on my truck and listed $1500 as being owed. Since filing I have made one payment and expect to make another by the time my 341 rolls around. I have been current on the truck and not behind any payments.

          Since I will have paid $1000 in payments and will owe $1000 less than when I filed, does the trustee look at the current liability (2 months after I filed) or on the day I filed? I am assuming that the way my lawyer applied exemptions based on value-liability=equity (apply exemptions to equity) that the $1000 I will have paid is safe. Any thoughts?

          I intend on keeping the truck, unless the trustee decides otherwise, which leads into another question. I passed the means test based on income, (Bush economics at work, undervalues my college degree) but my monthly expenses will obviously be reduced by $500 once I pay off the truck in October....is this a problem?

          Thoughts...strategy...ideas? My lawyer just says don't worry, but I have quickly learned that he says that about everything.
          Take your attorney's advice on this one. It's the value at the date of filing.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment


            #6
            Originally posted by OhioFiler View Post
            Monthly Disposable Income
            Thanks, OF
            Chapter 13 filer since Feb. 2018 under a 60 months payment plan
            Please think positive and do not give up!

            Comment

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