In Chapter 13 trustee denied my request for new vehicle

[Cowart69]

- My wifes Yukon Dinali is starting to have expensive mechanical problems.. I tried to get her to get rid of it before we entered the 13 but lost that battle.

- The latest is the rear main seal of the SUV. We dont have the money to fix it and have already been dealing with a instrument panel that displays incorrectly making it dangerous

- We went out and found a dealership that would work with us....they would give us trade in value.....and add the difference (I think around 2K) to the loan. This was not easy to do to find a dealershipt that would actually give us what we needed to take to our lawyer

- The car we are buying is a basic (but new) sentra so its more economical. Definately a downgrade in luxery though.

- My wife works a graveyard shift and I work out of town quite a bit so alternate transportation is not possible when this SUV keeps breaking down

The TRUSTEE denied us because the length of the car payment would run past the end of our bankruptsy and the payment would be the same as it was with our Dinali. I am not sure what to do here as my wife will lose her job if she cant get to work. We dont even want a new car and a long payment but my wife needs reliable transportation. Another problem here is the Dinali was scheduled to be paid off before the end of the 13 and so they were planning on raising our plan payment. Its interesting that they denied me on this because at the time our lawyer met us at the courthouse for our 341 meeting he SUGGESTED that when the car is finished being paid off that we get another vehicle at that time to avoide the step payment going up. We are not even trying to game the system we have a real need.

Not sure what to do

[despritfreya]

Your attorney files a Motion For Authorization To Incur Secured Debt. You let the Judge decide, not the Trustee. Talk to your attorney.

Des.

[Nicollette]

Your attorney files a Motion For Authorization To Incur Secured Debt. You let the Judge decide, not the Trustee. Talk to your attorney.

Des.

That is exactly what happened to me. The Trustee denied me twice, so my attorney's paralegal filed that motion with the court, and the Judge approved it.

[justbroke]

Absolutely what Des wrote. You need to get "around" the Trustee by getting a hearing before the Judge.

[newbie2]

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The TRUSTEE denied us because the length of the car payment would run past the end of our bankruptsy and the payment would be the same as it was with our Dinali. I am not sure what to do here as my wife will lose her job if she cant get to work. We dont even want a new car and a long payment but my wife needs reliable transportation. Another problem here is the Dinali was scheduled to be paid off before the end of the 13 and so they were planning on raising our plan payment. Its interesting that they denied me on this because at the time our lawyer met us at the courthouse for our 341 meeting he SUGGESTED that when the car is finished being paid off that we get another vehicle at that time to avoide the step payment going up. We are not even trying to game the system we have a real need.

Not sure what to do

A couple of things stood out for me: If your plan payment was going to be increased after the vehicle was paid off, was the increase necessary in order to keep non-exempt items or to pay arrears or something like that? If the increase isn't necessary to your plan, then by all means have your attorney take it to the judge..