QUESTION

I filed chapter 13 two years ago and at the time I had two loans out on my 401K. Was hoping to consolidate and take out another loan.

Asked on Sep 02nd, 2011 on Bankruptcy - Minnesota
More details to this question:
I borrowed the money to pay off one loan. My plan was to take out another loan to pay off my car, the money borrowed to pay off the other loan and long story short only have one loan with my 401K at a lower interest rate. This would save me over $150/month. Is this going to be a problem with my Chapter 13 plan?
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1 ANSWER

William/J Joanis
If I understand this, you are still under a chapter 13 plan, you are borrowing money to pay off your car loan and another loan that you had taken against your 401k.  The net is that you will have paid off the car loan and only have one 401k loan.  There is a change in your circumstances, as you will no longer have a car loan, and I suspect the car loan was part of your budget.  The Supreme Court, in a different context, held that you can't use a hypothetical car loan as an expense. Ransom v. FIA Card Services.  Whether this is a problem depends on knowing more about your plan, etc.  This may be a problem, but your lawyer should be able to tell you if it really is an issue.  The reality is, there is more available for plan payments.  If you are in a three year plan that may not be a big problem, but if you are in a five year plan, it could be.  
Answered on Sep 03rd, 2011 at 3:35 PM

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