Has anyone been approved to incur debt such as a car

[bminet]

The Trustee had to know because the car was included in the BK as it had a collateral loan tagged to it. No title to give insurance company, so no title-no check. I had to mention the BK so the insurance company could work with the Trustee to obtain the title. The secured portion of the collateral loan has been paid. Only $175.00 remain in unsecured. The judge has to approve in order for me to get this settlement.

[max2k10]

So here is my experience so hope this might help a few. Last year I had to replace 1 of my leases which was included in my bk. Not reaffirmed and payments made outside of plan. It took me sometime but after countless hours and a big ordeal, I purchased an SUV from enterprise car sales. Financing done thru First Investors Financial at 9.9APR. We had enterprise write up a sales order based on a car. Then I took that to attorney who filed for motion to incur new debt(to replace expired lease). Once judge approved which took 30 days for court date, I received approval letter by mail which I then took back to enterprise. At that time, we signed all sales paper and took delivery of vehicle. Of course, since process took 30+ days, the vehicle originally picked was not available and we had to pick a different one which was not a big deal. Attorney charged us $500 for this which was added to our monthly bk payments which went up by $28.

[cz3ch]

I'm actually dealing with this situation right now. I have a car that's in my ex-spouse's name which she wants back but I had included the car in my petition to be paid outside of the plan. According to my attorney I have to petition to the trustee the car I want, the price, and why I need it. Then he approves the debt (if he allows it) and provides a letter that I would give to the car dealership/financier stating that I'm allowed to be approved for a loan. I'm trying to work out a way to keep the current car from my ex, but I don't like it being in her name and driving it when we're no longer together.

But in general, getting a new car in Chapter 13 is a common thing and as long as there is a need and enough DMI to cover it the trustee should approve it, especially if it's considered a vehicle to be used to commute to work and back.

[bminet]

Well here is my update on this. It began at the end of July and was just finalized October 2nd. Without having direct or confirming knowledge, I'd say somehow my petition got lost or shuffled to the bottom in order to take this long. I opted out of asking to finance a new car and instead just wanted my settlement from the insurance company and I would just buy used. After multiple unreturned calls and emails to the attorney's office, and speaking to the Trustee and the even the Court, the ball was always placed with the judge and the judge "gets to them when they get to them" and the other common answer was "some cases take more time to review". In any case, there is a 21 day waiting period from the time you file the motion. The Trustee mails the petition to all of your creditors listed in your BK and offers them a chance to disagree with either your new loan approval or retaining any settlement money. after 21 days if nobody disagrees the judge is supposed to review and rule. When the judge rules the Trustee either releases the money or will write up the approval to get a new loan, depending on your motion. It is NOT a quick process and I have pulled my hair out over the last 3 months. I was logging into PACER 10 times a day everyday once the 21 day period had passed waiting for the judge to rule. Nothing and nothing everyday. Called the Court and all they would say is the motion is with the judge. One time I said, geeze...the judge has had the motion for over 3 weeks...others have told me motions get reviewed within 72 hours of filing. The next day my motion was granted....lol. Odd huh. I think they did it so I would go away....lol