Buying a vehicle while in 13?

[montana]

I have repeatedly called my lawyers office the last month. Yesterday he finally calls me back and was a complete **s hole. We pay for our vehicle outside of the plan. It will be paid off next month. We had talked several months ago that when it came close to this that we would trade it off and get another vehicle with around the same payment. (This is what our lawyer told us). We need a vehicle that is going to last us the next 3 years as hubbytravels for work. So, now he acts as if he knew nothing about it. It is not like we have done anything I just wanted to know the correct steps to take. Anyone else gone through this. Any info. would help because it seems that since we were confirmed he wants nothing to do with us. Which is really going to suck the next 3 years!!

[LadyInTheRed]

Why are you in such a hurry to buy another vehicle? Is the current one in such bad shape? If it were me, I'd enjoy owning a paid-off car for awhile. Save the money you've been making on car payments and use it to buy a new car after your discharge. If you need major repairs in the meantime, you can dip into the savings.

You need to get court approval to incur new debt for a car. You will need your attorney's assistance. Be persistent and insist he work for you. If phone calls aren't sucessful, write him a letter reminding him what he told you before. If he still won't help, write another letter telling him you will file a complaint with the State Bar if he continues to refuse to represent you. Follow through with the threat if necesssary.

[montana]

I was told by our attorney that the payment we pay on our vehicle will then start going to the trustee. Which is $424.00. So, I would rather trade it in, it is not in the best shape, and pay on a vehicle rather than paying that extra to the trustee.

[LadyInTheRed]

I was told by our attorney that the payment we pay on our vehicle will then start going to the trustee. Which is $424.00. So, I would rather trade it in, it is not in the best shape, and pay on a vehicle rather than paying that extra to the trustee.

Did he tell you that yesterday or when you first filed? When you spoke with him yesterday, did he give you any guidance at all? Sounds like you either need to modify your plan and get approval to incur debt or start making a larger payment to the trustee very soon. Again, you need to be very persistent with your attorney to get him to work for you.

[montana]

When I spoke to him yesterday he said to go look get him some numbers and he would work something out with the trustee. Then it would have to be signed off by the judge. It seems as though he was on the ball when we filed but lately it is hard to get any answers back fron him. He has had a turn aroound in staff and so noone is familiar with my case at his office : ( Except him. I have written him letters and kept copies and been logging everytime I call his office. The trustee modified our plan and he did not even ask for a reason or rebuttle it as he said he was going to. This was in May! I have 3 years left and just trying to get through and move on!! I know 3 years is along time. Thanks for the advice!

[LadyInTheRed]

He definitely should have returned your calls earlier, but you need to focus on going forward. Get him the numbers he requested as quickly as you can and ask him how long it will take to "work something out with the trustee". If you don't hear back from him in the given time frame, follow up. If he just had turn over in staff, he may be struggling to keep up. The squeaky wheal will get the grease.

[Flamingo]

When I spoke to him yesterday he said to go look get him some numbers and he would work something out with the trustee. Then it would have to be signed off by the judge. It seems as though he was on the ball when we filed but lately it is hard to get any answers back fron him. He has had a turn aroound in staff and so noone is familiar with my case at his office : ( Except him. I have written him letters and kept copies and been logging everytime I call his office. The trustee modified our plan and he did not even ask for a reason or rebuttle it as he said he was going to. This was in May! I have 3 years left and just trying to get through and move on!! I know 3 years is along time. Thanks for the advice!

What I highlighted above is correct. Nothing can be done until you get figures, same as if you intended to refinance or obtain other credit during an active 13. Go to a dealership at which you have done business before and possibly had an on-time, paid off car loan (i.e., Ford Credit, GMAC) which gives you an edge as to approval. You will need to obtain financing information on another vehicle, new or used, if the business will accept you while in an active 13. With trustee approval many do but many do not. You have to do the footwork. When you get all your financial information (do it quickly - you should have started a few months ago), call your attorney and make an appointment to physically bring it in and go over the matter. The attorney has to review to ensure you can actually afford the new payment in case it is higher than what you currently have and will submit all the paperwork to the trustee for approval if all is in place. The trustee will review. This could take several weeks as attorneys and trustees are overloaded with BKs and, of course, other legal work if they just do not do bankruptcies. You need to move quickly and you need to be a pest with your attorney to get this moving but you really should have started getting these figures months ago as you need the financial figures on paper to get any approval.

[montana]

Thank you to the response. so, as I am understanding it we go to the dealership get the amount of th evehicle we are looking at along with trade in value. Then do we go to a bank or do we let the dealership try and get the financing and submit that to our lawyer?

[MOMof3]

We had to get the motion to incur new debt before we could get financing. You will also have to find a dealership that has a knowledgable person. You will be forced to purchase a new car & it will have to be a specific make/model to fit the guidelines. We got our motion & after seeing the crap cars and crap financing, we then decided to just borrow money from a family member and buy used. We would have paid SO much for a car that wouldn't even fit my whole family in it. SUV's & Vans weren't allowed.