QUESTION
I filed chapter 13 bankruptcy in april of 2009 and my husband and I went to purchase a vehicle at a car lot and the peoples at the car lot told me
Asked on Feb 04th, 2012 on Bankruptcy - Mississippi
More details to this question:
that by me being bankruptcy that from my understanding that I have to provide a letter stating that I will not put this vehicle on my bankruptcy so I came home and I type a letter saying that I will not put this vehicle on my bankruptcy from what I understood but on top of the letter I put the bankruptcy court heading on the letter and when they went to verify all of my documents they sent a fax of the letter to the bankruptcy courts and thay responsed back that they didnt write this letter and that this letter is fraud so they came and repossessed the vehicle and now i am worried because I got the wrong understanding and I am worried that the bankruptcy courts might prees charger on me could some one help me on this one and give me some advice of what gonna happen to me
1 ANSWER
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I'm not really sure what to tell you as it comes to the possible actions of the bankruptcy court, etc. I can better explain the process though.
Typically, if you want to purchase a new vehicle while in a Chapter 13 bankruptcy you have to get the court's permission. You do that through a motion to incur debt. You would have to show the courts how you can afford the vehicle and still make your monthly Chapter 13 payments.
Once you do this the court will submit an order granting your motion to incur debt. That order can be shown to car dealerships. That will typically suffice for evidence that the court has granted permission.
Terry DuncanCharlotte Bankruptcy Attorney
Answered on Feb 04th, 2012 at 1:10 PM