Vehicle lease ending while in Chap-13

[ramaas]

Ok,,, extremly new here, thanks in advance for any help. we have been in our chapter 13 for 3 years now (in California). got 15 months to go till completed. well in two months my wifes BMW lease is ending. this lease was not included in the BK. our issue is she is way over on mileage and with minor dents and scratches and everthing else that they hold you accountable for when you dont buy another car from them. it appeares that we will be about $7000.00 owed just to return the darn car.
my big question. if we return the car and BMW bills us the $7000.00, would this be considered NEW DEBT, not approved by the trustee/court. and is it possible that the court would dismiss this debt due to it being obtained without approval ??.

[lrprn]

well in two months my wifes BMW lease is ending. this lease was not included in the BK.

Do you mean you didn't list the debt when you filed, or that you are paying the monthly lease payment yourself? (Hope it's the latter )

if we return the car and BMW bills us the $7000.00, would this be considered NEW DEBT, not approved by the trustee/court. and is it possible that the court would dismiss this debt due to it being obtained without approval ??.

It would help to have your answer to my first question so we're all on the same page. Have you asked your lawyer this question yet?

[TheBKLounge]

I'm sure he means the payment is made outside the BK...

I'm in a similar situation; paying on a lease to Mazda outside of BK (all payments on time)--that lease is up in September and I am over on mileage by a fair bit. I'd be willing to keep the car if Mazda extends credit on the buyout option...if they don't I will owe $2500 +/- in mileage overage. Been trying to get an answer from Mazda as to what their M.O. for situations like this is.

[ramaas]

k,, it was agreed that we would make the payments outside of the BK,, but after 3 years we went over in mileage.. dont know what to do, the bk has us strapped month to month,, and we will owe a bunch at the turn in next month....cant sleep at night, dont know what to do.................... THNXS

[lrprn]

Check with your lawyer, of course, but since the mileage overage happened 3 years after you filed, the court may consider the higher lease costs a post-filing debt that you will be responsible for paying. A lot depends on the wording of your lease and how your local trustee interprets the situation. You really need to talk this over with your attorney so it stops eating away at you. Knowing the truth will be better than the guesses you are making about this now - at least you know what you're dealing with.

Keep in mind that your current plan can be amended if you do end up having to take on this large debt and start paying on it.