QUESTION
Am I in trouble if I financed an auto loan while in chapter 13 without my trustee permission?
Asked on Jul 16th, 2013 on Bankruptcy - New Jersey
8 ANSWERS
Yes, and I am surprised that anyone lent you the money while you were in Chapter 13. Doing this could allow the Trustee to dismiss your Chapter 13. What were you thinking.
Answered on Jul 18th, 2013 at 5:50 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Potentially yes.
Answered on Jul 18th, 2013 at 5:46 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You could be. You should report this to your attorney and have the attorney contact the trustee.
Answered on Jul 18th, 2013 at 5:45 AM
That would be a violation of the Chapter 13 plan and your case could be dismissed.
Answered on Jul 18th, 2013 at 5:45 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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You did not have the authority to enter into a contract without Court Approval. Your attorney should file a Motion to approve the contract.
Answered on Jul 17th, 2013 at 11:07 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes. Your attorney should make a Motion Nunc Pro Tunc (which means reverts back) to approve the financing
Answered on Jul 17th, 2013 at 11:06 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You cannot change your financial situation while in a chapter 13. I am surprised that the lender would agree to finance a vehicle while a chapter 13 was pending.
Answered on Jul 17th, 2013 at 11:06 AM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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With respect to the bankruptcy trustee and bankruptcy court: kind of, but it can be fixed before it gets too bad and they seek to have your case thrown out. With respect to the lender: probably the loan application you filled out had a spot for you to disclose the active Chapter 13 case but didn't. Although they rarely prosecute it, that can be a criminal offense.
Answered on Jul 17th, 2013 at 11:06 AM