QUESTION
What can I do to get an approval from the trustee in a chapter 13 to purchase a new car?
Asked on Apr 07th, 2014 on Bankruptcy - California
More details to this question:
My husband and I filed chapter 13 4 years ago. I need a new car and need approval from the trustee but I have tried to get a hold of my attorney for a month now and he never gets back to me. I have been putting money in a rental car went for a down payment or on my bankruptcy just not sure what to do.
8 ANSWERS
Call the Chapter 13 Trustee's Office. Ask them to email or fax you an Application To Incur New Debt. Take it to the car dealer where you are buying a car, and ask for their assistance is completing the form. If you are buying a car from a private party, ask the Loan Officer where you are getting the loan to assist you with the form (it is pretty straight forward).
Answered on Apr 14th, 2014 at 4:56 PM
If you want to get a new car loan it has to be approved by the Chapter 13 Trustee. The Trustee and the Court have put together a Vehicle Purchase Program. Go to www.portland13.com and you can download the packet from the Trustee's website. It will explain what you need to do to get Trustee approval.
Answered on Apr 10th, 2014 at 9:43 PM
William Rhymer
I would suggest you send your attorney a letter requesting an appointment. If you don't get a response in at least four or five days, go to his or her office and tell them you are going to stay until the lawyer meets with you.
Answered on Apr 10th, 2014 at 9:43 PM
At any time just fill in their form to request permission.
Answered on Apr 10th, 2014 at 9:43 PM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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It is just a motion to borrow.
Answered on Apr 10th, 2014 at 9:43 PM
Go through the information on Schedules I & J of your petition. Provide updated wage records and update your expenses. Getting court approval to finance the purchase of a vehicle can involve significant legal fee, so be prepared with the facts to show that you can afford this new expense.
Answered on Apr 10th, 2014 at 9:42 PM
Debt Relief Attorney serving Anaheim, CA
Partner at
Marlin Branstetter Attorney at Law
You need permission of the bankruptcy court in order to incur new debt while the Chapter 13 is in effect. You may have to obtain new counsel if your attorney won't respond.
Answered on Apr 10th, 2014 at 9:42 PM
2 Awards
You need to contact the trustee and ask if he/she will sign a stipulation & order to do so. Then you must prepare this. If you can't get ahold of your attorney you should fire them and hire a new one.
Answered on Apr 10th, 2014 at 9:42 PM