Car was totaled

[ozzy866]

yes married couple.
Oz

[BobMango]

He has already filed and cannot get a loan from anybody without the Trustee's permission. That may become a bit of a problem. At the 341, he will be asked if he came into any money and even a gift would not be good. He needs to check with the lawyer on that one. Since he has filed already, he may use his own funds and pay in installments if the car dealer would hold the Title, let him have the car with temp tag, and get him paid in the month the temp tag is in effect. Another option is a promissory note which is not considered a loan or new debt (I'll have to think on that one) to pay after the discharge or put a deposit on the car and buy it after discharge. HMMm it gets a bit complicated now that I think about this more. It would be better if he could get a 6K car exact value replacement. 'Hub

Hey 'Hub, maybe you can clear something up for me. You said since the OP has already filed he can't get a loan without the trustee's permission. Can you tell me where this is covered in the law? I've checked and don't see where someone in a Chapter 7 is prevented from doing anything in regards to new borrowing prior to discharge. I did find in the Nolo book that it says you can borrow money after filing.

So is this just something someone once said and now it's accepted, or maybe confusion about restrictions between a 13 and a 7? Is there case law of someone that had a case dismissed or received other sanctions for borrowing prior to discharge in a Chapter 7?