Order Granting Application for Compensation

[Carmella]

I was so excited after checking PACER way too many times for way too long. Although, I have limited my compulsive behavior and actually forgot to check last night.

Well it's the Order Allowing Attorney's Fees--that $350 that allows us to ask if we can have the privilege of replacing a totaled car. Now I am not complaining the attorney is spending time and should be paid, but what a process taking nearly a month!

And I "assume" this order is NOT the order that allows me to buy a car.

I just paid yesterday almost $1,300 to rent a car for a month. I went with a month because two weeks rental is almost the same price as 30 days. They prorate and refund some $ if you return the car early. Also part of that fee is $300 deposit I get back. In a perfect world they would allow someone with a totaled car, especially when it was 100% NOT their fault, to be approved to get credit. Hey, I have a bank willing to give me a decent loan. I sure hope the order comes before my loan expires. It was good for 30 days starting about a week ago.

The motion to borrow was put in the same day as the motion for the attorney's fees. I hope that means we will get permission VERY soon.

[Carmella]

Yesterday mid morning I checked PACER and my Motion to Incur Debt to purchase a car was there!!!

Finally we can move on this and put it behind us for the most part. I decided to stick with Hyundai and most likely get a sedan since my husband hasn't even attempted to drive the rental which is a larger SUV. He keeps saying he wants to get a compact car when he gets one. We will go to the dealership tomorrow since the salesman has the day off today.

I hate to say it, but I might start drafting a plan to get another motion to incur debt to replace the 2011 which is not driveable. The biggest obstacle will be the down payment. It's definitely a hardship having only 1 car and he wants a small compact car and drives minimal distances.

This process took about 4 weeks since I turned in the paperwork. I imagine a car for him would take longer mostly because there would be more preparation on my part to justify the expense and to have the down payment available.

I really don't want another car payment during BK, but when we hit the one year countdown it may be manageable to tighten the belt even more since it's almost over.

[Barbisi]

Carmella, thank heavens you can finally ditch that overpriced rental and get yourself a real car!
I hope almost all your money is refunded, so you can move on from this nightmare at last.
Keep us posted when you get your "new" car.

[flashoflight]

The motion to borrow was put in the same day as the motion for the attorney's fees. I hope that means we will get permission VERY soon.

First, the time for creditors to request a hearing about the motion to incur debt has to have already expired. That time period was somewhere around three weeks for me. The original car creditor might file a notice of non-opposition or a notice of non-opposition with conditions. No big deal. Nobody is going to request a hearing for something like this. Then it can take anywhere from a day to four weeks for the judge to sign the order. If you need to poke the judge, your attorney could call up his clerk but otherwise you are going to wait. You might need a lot of patience but hopefully things will be much quicker than I predict.

[Carmella]

First, the time for creditors to request a hearing about the motion to incur debt has to have already expired. That time period was somewhere around three weeks for me. The original car creditor might file a notice of non-opposition or a notice of non-opposition with conditions. No big deal. Nobody is going to request a hearing for something like this. Then it can take anywhere from a day to four weeks for the judge to sign the order. If you need to poke the judge, your attorney could call up his clerk but otherwise you are going to wait. You might need a lot of patience but hopefully things will be much quicker than I predict.

It actually did not take very long in this case. I might have got lucky or maybe since it's replacing a totaled car and not changing any terms of the BK payment.

They filed it on 11/18 and 12/2 was the last date objections could be made. 12/14 it was signed for the lawyer's compensation and actually our motion to Incur Debt was also signed on 12/14, but not put on Pacer until 12/15 mid morning and my attorney emailed me a copy around 5 pm yesterday.

I think we will take a leap after the holidays maybe late Jan or early Feb and try to get another car loan for my husband. I think the car sharing is more detrimental to our marriage than the darn BK 13.