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Chapter 13 and Car Loans, need help!

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    Chapter 13 and Car Loans, need help!

    ok I need to file for chapter 13. The only secured debt I have is two car loans that we need to keep. We are behind 2 months on both and the interest rate is 21-23% on both. They are both 3 year loans with one having 30 months left and the other haveing 21 months left, so the 910 rule does not apply.

    Questions.

    1.) Can I include the both car payments to be paid by the trustee in the plan as long as the balance of both cars are paid in full by the end of the plan?

    2.)How do I go about getting the interest reduced to something like 6%? Do i need to file a motion or do i just stipulate the reduction of interest in the plan?

    3.)The plan asks for the interest rate of the secured loan in it, do I place the current interest rate or the one I want it at?

    I have looked all over the forums and cannot find my exact situation, thanks for any help.

    #2
    It is my understanding that the interest rate can be adjusted down to around 6% or therebouts, if the 910 rule doesnt apply. We have a car payment outside of our plan and were asked if we were keeping it (yes) and what the interest rate was (6.5%); attorney stated it was a good rate so he wouldnt request a lower one as it was below what standard rates were for used cars (normally about 8%). 910 didnt apply for us either.

    Check with your attorney or if you dont have one yet - ask when you meet with a few of them. You mention that "the plan asks...do I stipulate..." - are you filing pro-se? If not, then thats your attorneys job to get it lowered, but you do put the current rate if you're just filling out the packet for your attorney.

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      #3
      Filing Pro Se. Don't want to add thousands to my plan for an attorney, if I had it to spend I wouldn't be filing.

      Comment


        #4
        Originally posted by aleutian View Post
        Filing Pro Se. Don't want to add thousands to my plan for an attorney, if I had it to spend I wouldn't be filing.
        Ch. 13 without an attorney... pretty gutsy . FWIW most attorney fees can be put into the plan and paid out that way, over time. Make sure you read the NOLO book in its entirety as Ch. 13's are more difficult that Ch. 7's.

        Good luck to you.

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