need a car

[gremlin]

I've searched the forum, but I figure ask the question anyways. I entered my chapter 13 plan about a year ago with a solid, but very old vehicle 170,000 on it. As you can imagine pretty much right after confirmation of my 13 it started to give me major issues. I've put into it about a grand more then I bought it for and it just broke down again and the cost looks like another grand. I know I can go to my attorney and ask for permission to get a newer vehicle, but I really don't want to open myself up to the trustee who my attorney said is very tough. she already raised my payment twice this year. I guess my question is for anyone who's been in this type of situation what exactly is the process and could it open my up to more trustee issues. Thanks in advance

[shipo]

I was in your situation, sort of. Prior to filing my Chapter 13 in 2015 my attorney strongly advised me to buy a new(er) car, and in my infinite wisdom I ignored her advice and soldiered on with an old 2001 Honda Accord roughly 155,000 miles on the clock. The old girl made it into my third year of bankruptcy before corrosion got the better of her at the 195,000 mile mark; to keep her running it would have cost me over $2,000 in repairs, and that didn't include the necessary body work to keep the interior carpet and trunk from taking on water when it rained.

My two options were to petition my Trustee (via my attorney) to allow me to buy a car and include the loan in the Chapter 13, or to simply reach deep into my nearly empty piggy bank and pay cash for something new(er); I chose the latter. My bankruptcy ended earlier this year and I now have a 2006 vintage car with nearly 170,000 miles on it; the best news is I absolutely love the car and have no plans to upgrade for the next year or three.

In your situation, and based upon your post, I'm sensing you don't have the cash on hand to buy something else; as I understand it, you are not the first to need a car during a Chapter 13, regardless of the reason. As a general statement, it is my understanding you can make your case and many (most?) Trustees will allow you to buy a car and include it in your bankruptcy with little or no increase in your monthly contribution to said Trustee.