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Not had 341 Hearing yet and I need a car should I wait

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    Not had 341 Hearing yet and I need a car should I wait

    I surrendered my car and I am really in need of having some transportation. I have a friend that is willing to sell me hers with me making payments to her as to what I can afford. She knows we filed for Chapter 13 and she wants to sell this car and would be willing to work with me on it. Should I wait to do this after our 341 hearing. I really need it now but I don't know what to do at this point. I surrendered my car because I had only had it for 755 days when we filed and owed more on it than it was worth. Just need some good thoughts on what to do.

    #2
    Originally posted by dcraig54 View Post
    I surrendered my car and I am really in need of having some transportation. I have a friend that is willing to sell me hers with me making payments to her as to what I can afford. She knows we filed for Chapter 13 and she wants to sell this car and would be willing to work with me on it.
    After you file Ch 13, you must have your trustee's permission to enter an agreement to buy this car from your friend. Call your lawyer to discuss what's best to do in this situation.

    Just curious and you don't have to answer if you'd rather not.....if you knew you were going to surrender the car when you filed, is there some reason you didn't buy a car before you filed which would have allowed you to avoid this circumstance completely and have dependable transportation with the car payment added into your plan which might have reduced your monthly Ch 13 payment?
    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

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      #3
      I didn't purchase this car before as she had just decided to sell it after the fact. My son has told me that I can drive his truck or he will buy it himself with no strings attached.

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