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Major purchase during a chap 13.. is it allowed?

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    Major purchase during a chap 13.. is it allowed?

    Hi everyone,

    My husband and I need to purchase a new lawn/garden tractor. Here is the situation and why we are thinking about this.

    We have about 4 1/2 acres that is about half wooded. There are lots of trees we need to mow around. For the most part, our land is flat but there are a few areas that are sloped. One small area is sloped fairly steep. We also have a 200 ft driveway and a 1200 ft private road that has to be snow plowed in the winter. We haul a lot of dead wood and brush and occasionally a yard of soil, stone, or other landscape material. Although we haven't done it, we have a space planned for a 100' x 80' garden (hopefully have it ready to go next spring). In addition to this, we have a rental property just next door that we sometimes need to maintain (about 2 acres).

    Because of the number of trees we have to go around and pass through, we want to go with a mower deck below 50". Also, a tight turning radius is very important to us. Eventually, we will want to be able to add attachments to help with the small garden, lawn maintenance, and of course, a plow for the winter.

    To all this I have to add that my husband is the one who normally takes care of everything with the tractor/plowing work. However, he is leaving in Sept for 9 months to the Persian Gulf. So, it's very important to me that I'm able to handle all the jobs myself. Including removing and attaching the mower deck and plow.

    My husband doesn't care a lot about creature comforts like noise level or power steering. However, I'm very sensitive to loud noise and I like the idea of power steering because of the easier maneuverability around trees. I'm also concerned about the company standing behind the brand if there is an issue while my husband is away. My husband has been nursing our current tractor back to life over and over for the past few years and I know I won't be able to while he is gone. We have known this day was coming but his upcoming jog over the pond is making it a priority.

    We've looked at a few different brands/models and I'm a bit overwhelmed. The prices are so much more than I expected them to be! The tractors we have been looking at range between $4600 and $6800. My question is, are we allowed to make a purchase like that while we are in a Ch 13? I am so scared of drawing attention to ourselves and being scrutinized by our trustee. It's tax season and I'm assuming that means they are busy checking out our finances to see if they are going to raise our payment [I'm just speculating because I don't know].

    Any advice? I'm not real comfortable getting something used because my husband won't be here to fix it when it breaks.

    Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
    Anticipated freedom party Apr 2015

    #2
    What you do with your money aside from your regular payment is pretty much your business. The tt shouldn't care if you choose to live on beans for a year in order to buy something else. Hey good for you if you can do it.
    Or were you planning to finance this? Or alter your plan in any way?
    Would it make sense to look at a used one? Or hire a service til dh gets back? Just some thoughts.

    Keep On Smilin'

    Comment


      #3
      If you are paying cash, it does not matter. In some instances, your confirmed Plan may even allow new credit of up to $5,000 without permission. Again, if this is cash, it does not matter... just go purchase the tractor!
      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.

      Comment


        #4
        KS, it would be cash. I NEVER intend to go into debt again. We have some saved and we are going to use that along with our tax refund and money from some yard equipment we will be putting up for auction this week.

        JB, thanks much. I just didn't know because it is such a large purchase. I wasn't sure if it would be an asset of the bk estate that the trustee would say we had to sell or not.
        Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
        Anticipated freedom party Apr 2015

        Comment


          #5
          TheBajan, like you I have hearing issues with lawn tractors. I found something that worked for me... might not for you, but worth a try.

          Ear buds

          No, seriously! While riding my lawn tractor, I wear my iPod's ear buds, with music turned down low. I hear enough of the tractor to knw how it's doing, and the music helps pass the time. If you have issues with the buds, maybe classic headphones would work, too.

          Comment


            #6
            Slingerland,

            Thanks for the suggestion. I don't have an ipod or even a smart phone or something that will play music that way but my husband has his head gear from when he worked on the flight decks of aircraft carriers. It's a bit too big for me and heavy but still better than all the tractor noise. I was thinking of that.
            Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
            Anticipated freedom party Apr 2015

            Comment


              #7
              Unless your Chapter 13 Plan is atypical, assets of the debtor revest in the debtor upon confirmation. Anything you acquire after filing, is not property of the Estate (unless there was outright fraud).
              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.

              Comment


                #8
                Meant to suggest the earphones also. A music player is a heck of a lot cheaper than a fancy tractor

                Keep On Smilin'

                Comment


                  #9
                  I love your post because at least in Michigan your bankruptcy appears to be sailing along smoothly if you can consider a major purchase like that after only one year in a chapter 13.

                  Comment


                    #10
                    Never underestimate the power of a well-crafted plan.
                    OTOH, Baj..... you still aren't sure if the tt wants your tax refund?

                    Keep On Smilin'

                    Comment


                      #11
                      Originally posted by keepsmiling View Post
                      Never underestimate the power of a well-crafted plan.
                      OTOH, Baj..... you still aren't sure if the tt wants your tax refund?
                      I sent him the papers. We get to keep the first $3600 as part of our plan. He gets anything over that. It wasn't over. Our income did increase so I'm waiting to see if our monthly payment increases.

                      Magic13... we have been doing well. We've learned to live on less than we make and when we make more than I expect, I stuff it away instead of spending it. I'm paranoid we will end up with an emergency and no credit to fall back on so I've become very good and finding ways to save money.

                      JB, as far as I know our plan doesn't have anything special about it saying differently. I just didn't know what's normal. I was kind of afraid that by saving that much and buying something our trustee might say we needed to give it to the creditors instead. We just cleaned out the garage and took some things to the auction house today including a utility trailer that should help. We won't be buying anything until we know how much we actually have available to spend. I won't be okay with using all of our cash on hand over a tractor.
                      Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
                      Anticipated freedom party Apr 2015

                      Comment


                        #12
                        A year into our 13 and my #3 riding mower died with the third transmission failure. I was fed up with putting money into a cheap mower every season that I swore the next one would be the last. John Deere was running a sale on their base tractor/mower($3K at the dealership not the box store) so I took the plunge. As the previous posts made mention, I felt as long as I was making my payments to the tt and I wasn't financing it then what I did with my "extra" money was for me to decide.
                        Filed 11/10/08

                        Discharged 2/18/14

                        Comment


                          #13
                          TheBajan-
                          I am also in MI. We may be in different districts though but I have been sending my tax papers in each year (I am in year 5) and my payments have never changed even with income changes. One year is went down almost $20,000 due to the fact that my husband was deployed and most of his income was tax free. Then another year it went up another 13, 000 from the original amount figured in 2008 and not a word about payment increases. So..hopefully yours will stay the same! Best wishes with the deployment. I have been through 3 deployments in the past 10 years with my husband and yes that yard work can be stressful!

                          Comment


                            #14
                            Originally posted by ccgirl View Post
                            TheBajan-
                            I am also in MI. We may be in different districts though but I have been sending my tax papers in each year (I am in year 5) and my payments have never changed even with income changes. One year is went down almost $20,000 due to the fact that my husband was deployed and most of his income was tax free. Then another year it went up another 13, 000 from the original amount figured in 2008 and not a word about payment increases. So..hopefully yours will stay the same! Best wishes with the deployment. I have been through 3 deployments in the past 10 years with my husband and yes that yard work can be stressful!
                            I'm such an emotional sap right now... thank you. It's so good to hear from someone who knows where I am! We've also been through 3 major deployments since 9-11. I'm getting too old for this. Thanks so much for the encouragement.
                            Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
                            Anticipated freedom party Apr 2015

                            Comment

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