Can I refinance my auto-loan after filing for bankruptcy? 13 Answers as of June 24, 2011

I filed for chapter 13 two years ago, can I refinance my car that I purchased under my son’s name two years ago?

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Jackson White, PC
Jackson White, PC | Spencer Hale
You need to get court approval.
Answer Applies to: Arizona
Replied: 6/24/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
If you're still in the Ch 13, you have to contact the trustee and get permission to refinance the loan.
Answer Applies to: Oregon
Replied: 6/23/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
First it is not your loan. Second, you likely do not have an ownership interest in the car. If you propose to buy it by financing, you would need permission from the court to incur more debt, AND you would have to find a lender willing to lend to you while you are in a chapter 13.
Answer Applies to: Michigan
Replied: 6/23/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If you are still involved in a Chapter 13 Plan you will have to seek the Court's permission to take on or modify any debt.
Answer Applies to: New Hampshire
Replied: 6/23/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
If you're still in Chapter 13 you must get permission from the Court for any financial dealings.
Answer Applies to: Virginia
Replied: 6/23/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Depends on whether the Chapter 13/Court will allow it and if the creditor will do a refinance.
    Answer Applies to: California
    Replied: 6/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your case makes it apparent that you made two mistakes: (1) you don't have a lawyer and (2) you didn't read your Trustee handbook that clearly states "NO, not without court permission." Your post makes me worried about a 3rd problem. In your schedules did you ever properly disclose your equitable interest in the vehicle. If not, you are at risk of federal prison if that is not fixed.
    Answer Applies to: Georgia
    Replied: 6/22/2011
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