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Trying to amend plan - wish me luck

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    #16
    Nissan XTerra
    Yup, the thought of reduced gas mileage DOES bother me. I currently have a 1999 Nissan Altima (4 cyl) which is pretty good on gas.

    the problem is, we live in the Northeast, and so we deal with not only a ton of snow, but we live on a back road, and mud season is something else. I need more ground clearance than my Altima provides
    Last edited by krielly; 06-05-2008, 09:23 AM.
    You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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      #17
      be sure and have your ducks in a row with your existing vehicle!! An estimate of needed repairs would be a start! You need to be able to show that you really NEED a new car vs. just want one.
      Chapter 7 Pro Se....Discharged Feb. 2006

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        #18
        We actually traded my husbands vehicle last fall, and got trustee approval. We never needed to file an estimate of repairs, of course, it was a 1995 truck, so it obviously was not going to last a whole lot longer.

        Similarly, mine is 9 years old. Not like I have a 4-5 year old vehicle.

        Wish me luck!
        K
        You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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          #19
          Isn't that Nissan like $20K plus??? http://build.nissanusa.com/configura...ol=Model.Build or is it a used one?
          Aren't there less expensive SUV's? I doubt our trustee would agree to lower our payment so we can get a brand new car. He'd probably say...get a decent used one close to what you're currently paying. Plus this car won't save you money if you are filling it with gas like crazy and paying up the nose.
          Last edited by MajorMike; 06-09-2008, 04:49 PM.
          Filed: October 1, 2007 341: December 10, 2007
          CONFIRMED: December 10, 2007
          Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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            #20
            I would actually be getting an incredible deal on it (because the SUV Market is so soft right now). It's a 2007 and I would be getting it for around $1500 BELOW trade in value (not retail, but trade in).

            I am a Nissan girl, no doubt about it. I've had this one for 7 years, and my Sentra I had for 5. They are the most dependable vehicles I have ever had. The beauty of the 2007 is the bumper to bumper warranty remaining would take me through most of the remainder of my plan, so there wouldn't be any unanticipated expenses for vehicle repairs for it.

            My current Nissan Altima is almost 10 years old.

            The trustee is thinking about it now. He may say no. I'll just wait and see what happens over the next week or so. I figured it couldn't hurt to ask. The worse that will happen is it will be a no go. If so, I'm not really any worse off for asking.

            K
            You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

            Comment


              #21
              Very true!! Good Luck! I hope things go your way!!
              Filed: October 1, 2007 341: December 10, 2007
              CONFIRMED: December 10, 2007
              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

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                #22
                You are getting a great deal.

                They are nice and don't require premium gas.

                Good luck!



                Originally posted by krielly View Post
                I would actually be getting an incredible deal on it (because the SUV Market is so soft right now). It's a 2007 and I would be getting it for around $1500 BELOW trade in value (not retail, but trade in).

                I am a Nissan girl, no doubt about it. I've had this one for 7 years, and my Sentra I had for 5. They are the most dependable vehicles I have ever had. The beauty of the 2007 is the bumper to bumper warranty remaining would take me through most of the remainder of my plan, so there wouldn't be any unanticipated expenses for vehicle repairs for it.

                My current Nissan Altima is almost 10 years old.

                The trustee is thinking about it now. He may say no. I'll just wait and see what happens over the next week or so. I figured it couldn't hurt to ask. The worse that will happen is it will be a no go. If so, I'm not really any worse off for asking.

                K

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                  #23
                  Thanks all. I'm getting pretty impatient with my lawyer at this point. I'm telling you, I have to harrass the @%I$ out of him before I get anywhere.

                  Last I knew he said he was going to send out notice to the creditors on Monday afternoon. Here we are Weds morning, and still nothing on pacer.

                  UGH!!!!!!!!!!!!

                  Not for lack of trying, I've sent umpteen emails the last few days. I could choke him sometimes, I swear!!!!!!!!!!!!!

                  K

                  PS: Funny how they are all there and available for you when you file, and they get that big chunk of change, but during your plan it's like pulling teeth to make anything happen!
                  You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                  Comment


                    #24
                    motion FINALLY filed

                    Thank god. The lawyer finally filed the request to purchase a vehicle yesteray. Which means a notice to creditors was sent, and they have 10 days to object. (by the 20th at noon).

                    Keeping my fingers crossed that they don't. They didn't last fall when my husband traded his truck.

                    The vehicle purchase request is 1st order of business. If that gets all approved, then we file a motion to modify plan 2nd.

                    We are doing the purchase request first, to expedite things, so the vehicle doesn't get sold out from under me.

                    Worst case scenario is someone objects at this point. (no plan reduction proposed yet)
                    Next worse case scenario is I get purchase approval, buy it, and then the plan reduction gets denied.... I'd have to find extra room in my budget to make the payment. It CAN be done, but will be tight.

                    Hopefully both fly. We may wait until we hit the 36 mos mark (we filed old law) to request a payment reduction. Might not be as easy for the creditors to object at that point, as long as we meet the best interests of the creditors test.

                    Wish me luck!
                    Thanks
                    K
                    You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                    Comment


                      #25
                      Update

                      Well, the week started bad. Really bad! I cruised by the dealership Sunday to see if the truck was still there. It was gone!
                      I was soooooooo upset. Many colorful words were coming out of my mouth when I pulled out of the parking lot. I hadn't left a deposit to hold the vehicle, as they said it would be non-refundable. Wouldn't you know that a vehicle that has sat on the lot for almost 4 months would suddenly sell while I was in my 10 day notice to the creditors waiting period. I had quite a pity party I must say. My DH didn't say much, but did say "well, everything happens for a reason. Maybe you will find a better deal". You know how it is......I didn't want to hear it, cause I was sure it wouldn't be possible.

                      Fast forward to Monday morning. I get to work and open my email. Lo and behold, I have an email from a dealer I approached over a week before when I was shopping around. they were asking if I was still in the market for a used vehicle. I told them I was, but that they hadn't heard back from me because the price they were offering me for my trade was an insult. I told the salesman that if he wanted to "re-think" the offer on my trade and come up with something more realistic, we could talk.

                      So, while I'm waiting for a response, just for giggles, I click the link in the email to the vehicle I had checked out previously. It was also a 2007 Xterra. 5K more miles, but same thing, just different color.

                      What do you know............the price had dropped $1000 from the week before. AND...............they called to offer me $1000 more for my trade than they previously offered. Basically, this boils down to $1000 less on the truck than the one I was going to buy, and $500 more for my trade than the other dealer was willing to give me. So suddenly I'm 1,500 to the good!

                      It gets even better. They will hold the vehicle for a few days with a deposit (so it won't get sold out from under me until the 10 day waiting period is up). The deposit is refundable if the deal doesn't go through.

                      Also......check this out. THIS Nissan XTerra is "Nissan Certified". the other wasn't. What that means is in addition to the remainder of the regular 3/36 bumper to bumper warranty, I get a 7/100,000 m power train warranty and roadside assistance, towing assistance, etc.. ($50 deductible on the power train warranty, but so what).

                      Needless to say, I gave them a deposit. So.........just checking pacer like a million times a day now, to see if any objections have been filed. None so far. Creditors have till Friday at noon to object. I could possibly have the truck Friday afternoon. Everyone keep your fingers crossed for me please!!!!!!!!!!!!
                      Last edited by krielly; 06-17-2008, 12:29 PM.
                      You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                      Comment


                        #26
                        Our best wishes to you kreilly. That sounds like a really good deal. We will be keeping our fingers crossed for you and be watching for your Friday update.
                        "To go bravely forward is to invite a miracle."

                        "Worry is the darkroom where negatives are formed."

                        Comment


                          #27
                          Originally posted by krielly View Post
                          Thanks all. I'm getting pretty impatient with my lawyer at this point. I'm telling you, I have to harrass the @%I$ out of him before I get anywhere.

                          Last I knew he said he was going to send out notice to the creditors on Monday afternoon. Here we are Weds morning, and still nothing on pacer.

                          UGH!!!!!!!!!!!!

                          Not for lack of trying, I've sent umpteen emails the last few days. I could choke him sometimes, I swear!!!!!!!!!!!!!

                          K

                          PS: Funny how they are all there and available for you when you file, and they get that big chunk of change, but during your plan it's like pulling teeth to make anything happen!
                          That sounds like our dammed, stupid, incompetent lawyer, also.
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

                          Comment


                            #28
                            My fingers are crossed, kr! Your husband was so right - sometimes disappointing things do happen but turn out even better in the end! So glad everything is going your way this time!
                            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

                            Comment


                              #29
                              Good luck!!!!!!!!!
                              Filed: October 1, 2007 341: December 10, 2007
                              CONFIRMED: December 10, 2007
                              Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

                              Comment


                                #30
                                Thanks MM!
                                I logged into Pacer this morning to see if any objections have been filed overnight (I'm becoming a fanatic when it comes to pacer these past few days). Nothing yet. They have till noon tomorrow to object.

                                Need to coordinate closing and delivery tomorrow. The dealership is about 3 1/2 hours away the bank is about 45 min north of me. It will probably be tight. Delivery may not happen till Monday. We'll see. I'm sure they don't want to leave the dealership until I have the paper in hand from the trustee. That will be the tricky part.

                                You know........dealers are so sneaky. You really have to watch them. I had gotten a purchase & sales agreement to fax to the lender for approval. The taxes said "estimated". I called them yesterday and told them I needed solid figures to fax to the bank to prepare for closing, so they would cut a check in the exact amount. So, low and behold, they emailed the P & S to me today and the buggers upped the "Administrative fees" from $199 to $299. Nice try!!!!!!!

                                I emailed the guy back and said he needed to correct the "error" and re-send an updated P & S to me.

                                K
                                You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                                Comment

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