Hit a deer with my car last night

[addisonsmom]

I hit a deer last night with my 1997 Buick LeSabre. We bought this car right before we filed BK in Oct. It was a great deal. An older woman had passed away and I was able to only pay $1800 for this car. Now I don't know what we are going to do. I am waiting for the insurance adjuster to give me a call. I figure that the damage is so much that it will be totaled. I am so upset. On the flip-side the NADA value should be higher than what we paid on it. It is hard to find a good used car right now for under $5k. We don't have that kind of money.

My question is: Will the courts allow us to buy another car? We have another car, but my husband drives it to work. We live in a rural area and we have a special needs child that goes to Occupational Therapy and Speech Therapy 2x/week. I don' know what we are going to do. We have some money in an IRA that we could take out too, but I am assuming we would have to petition the courts for that as well. We are on a 100% payback CH 13. Thanks!

[LadyInTheRed]

If you can't pay cash for a car, you can petition the court to incur debt to buy one. You will probably also need to amend your plan to either include the car payment or lower your plan payment enough to allow you to pay the car loan. This will result in your unsecured creditors recieving less or, if you were going to have creditors paid off before the end of your 36 or 60 month plan, it could extend the lenght of the plan. Call your attorney.