How can I obtain a letter stating that I would like to purchase car outside of my plan? 14 Answers as of June 24, 2014

I am currently in chapter 13. I cannot wait for 30 days to obtain a motion from due to medical diagnosis/medical leave of heat exhaustion and my current car does not have air/in need of major repairs. I have been approved for loan but dealership needs something in writing from trustee. I also plan to dismiss my plan because I have decided to not keep my home due to the financial upkeep/decrease in property value/large amount owed on home loan. I am in desperate need of transportation ASAP.

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Idaho Bankruptcy Law | Paul Ross
Visit with your attorney before you dismiss or purchase the car. You may wish to convert to a Ch 7 instead. The Trustee can give you the letter if s/he approves the purchase while still in the 13.
Answer Applies to: Idaho
Replied: 6/24/2014
Ronald K. Nims LLC | Ronald K. Nims
Call the Chapter 13 trustee's office and explain your situation. You still need to file a motion but the trustee can waive the 28 day requirement.
Answer Applies to: Ohio
Replied: 6/19/2014
Law Office of Peter M. Lively
Law Office of Peter M. Lively | Peter M. Lively
If you stay in the case, you need to obtain an order authorizing you to incur new debt. If you will be dismissing the case, the dealership may want a copy of the dismissal order.
Answer Applies to: California
Replied: 6/19/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Ask the car dealer if you convert your case to a Chapter 7 can they process the loan immediately. Otherwise, you may need to dismiss your case, get your car, and file a new Chapter 7 (assuming you have unsecured debts you need to discharge). Work closely with the car folks.
Answer Applies to: Colorado
Replied: 6/19/2014
Danville Law Group | Scott Jordan
I am afraid you will just have to wait until the case is dismissed or the Judge gives you permission to obtain credit.
Answer Applies to: California
Replied: 6/19/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The simplest way to be able to buy a car would be to dismiss your Chapter 13 now. Getting court permission will be necessary if you need to borrow money to finance the purchase of a vehicle. If you are looking to buy a vehicle with cash, no court permission is needed. Although there is a process called an OST (Order Shortening Time), it is a complicated process.
    Answer Applies to: Nevada
    Replied: 6/19/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to have a court order. No way around it. Perhaps it could be done "ex parte' on shortened notice. A lawyer should know how to do this. There will be additional fees for this.
    Answer Applies to: California
    Replied: 6/19/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    If you file the Motion to Dismiss, your case will be dismissed in short order. However, dismissing your case may to be the best thing for you in the long run. Bankruptcy is too serious of a matter to dismiss without knowing all the ramifications. Getting permission to buy a car can be simple or difficult depending on your jurisdiction. IN some, the trustee will grant permission and not require a motion to be filed. IN others, you have to file the motion which takes time. However, you can ask the court for the time The bottom line here is you need to discuss this entire situation With an attorney to make the best choice and or get your motion to dismiss or you motion to purchase expedited.
    Answer Applies to: Wisconsin
    Replied: 6/19/2014
    The Chapter 13 Office will write a letter stating that that office will have no interest in the motor vehicle you are buying which should keep the seller of the vehicle happy. If you want to give up your home you should be able to modify the plan and stay in the
    Answer Applies to: Minnesota
    Replied: 6/19/2014
    Law Office of Melissa Botting | Melissa Botting
    Your trustee will need to sign a letter stating that the new loan will not adversely effect your plan payments. If you are trading out one payment for another or if your income will cover the new payment, the trustee may sign the letter without a hearing. The trustee will have time periods in place regarding how quickly they will review your budget information after it has been received. If you let them know it is a medical issue, my experience is that they will beat those time estimates. Call your trustee to be sure you follow the correct procedure.
    Answer Applies to: Texas
    Replied: 6/19/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Your attorney would apply to the Court and Bankruptcy Trustee for an ex parte hearing and try not to have to wait the 30 days because of your medical condition. You might not want to dismiss your plan, you can reject the house through an amendment and possibly, depending on your income, convert to a Chapter 7 and be done in in about 4 months. Once again this is something that you need to discuss with your attorney.
    Answer Applies to: Michigan
    Replied: 6/19/2014
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