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Car payments in Chapter 13

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    Car payments in Chapter 13

    In my ch. 13 plan confirmed 10/14/09, my car payments are included. I was two months behind on notes and had I not been in BK I was scheduled to pay the car off in August of 2011. My payments for my car are only half of what I was originally paying each month. On NDC, I see where my attorney has $45 left to be paid after paying him $198.15 a month for the last year (or so to speak). Where does that amount go next, should it be added to my car payment or paid out to some other bill in order to pay it off/down. My major question is, if the payment increases now that other expenses have been paid off, can my car still be paid off in this year and I receive my title before the 5 year mark? I don't want to still be paying for a 2003 in 5 more years.

    #2
    It really depends on how your plan is written. This is something I have discussed in high detail w/ my atty. Here is how mine would work, regarding the net plan payment after trustee takes her cut:

    Months 1-8 adequate protection payments to cars, bulk of ch. 13 payment goes to pay off atty. He is paid in full at end of month 8.

    Months 9+: plan payment goes entirely to cars since those lenders get paid w/ interest

    Once cars are paid, plan payment goes to arrears and/or unsecured debt. (I won't have arrears, and do not anticipate having taxes or any other priority debts.)
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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