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Need car as old one died, was about to file-how will this affect ch 13?

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    #1

    Need car as old one died, was about to file-how will this affect ch 13?

    Hi, I have learned so much here, thank you! I have a question, I am about to file ch 13 just finishing up the paperwork for the lawyer. I am married but filing only for myself, my husband is not filing. I JUST had my car die and I cant be carless as I have several dr appts a month and school obligations for my children. My husband was going to purchase a car in his name for me in the next year, but the old car didn't hold out that long. My question is how will my husband buying an inexpensive car (300 a mo pmts) only weeks before me filing ch 13 work? Is it even possible or do we have to wait a certain amount of time after a major purchase to file?

    Thanks in advance for the help
    G
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    #2
    Actually, if you're just about to file a Chapter 13, getting a reliable vehicle that will last 3-5 years is very important. So much so, that many attorneys "hint" at this during the preparation to file. (There's some argument out there that attorneys are not allowed to "encourage" debtors to incur more debt, just before filing.)

    If your husband obtains a car in his own name, it's not a community property state, and only you are filing, then I see absolutely nothing that the Trustee can say.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Even though we weren't planning on filing at the time we bought our new car (as lease was up in a few months), we're glad we have the car now. We ended up filing to deal with levies from the IRS, but so glad to know that we have a reliable car to get us through. We would have had to get approval from the Trustee if we had continued with the lease and filed when we did. For us it was sheer luck we made the choice to trade in our lease when we did.

      We have seen many people buy cars as part of the "planning" done by some prior to filing. So long as you are current on the payments and the car is reasonable (not a Mercedes or BMW - luxury car) there generally isn't an issue.

      If your husband is not filing and he's buying the car, there should be no issue.

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