What can I do to get an approval from the trustee in a chapter 13 to purchase a new car? 15 Answers as of April 14, 2014My 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.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
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).
Answer Applies to: Colorado
The Law Office of Darren Aronow, PC | Darren Aronow
You have to request from the trustee and get permission in writing. Usually they will give you permission if the payment is not more than you were paying before. Your attorney would normally do that, so I would write a letter to your attorney first.
Answer Applies to: New York
A Fresh Start | Dorothy G Bunce
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.
Answer Applies to: Nevada
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Write your attorney a letter and copy the trustee on it. It may be that you are so close to being done that there isn't time to get court and creditors' approval. It takes at least 30 days to get it approved. Good luck!
Answer Applies to: Michigan
Rhymer Law Firm | 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.
Answer Applies to: Georgia
Law Office of Shawn N. Wright | Shawn N. Wright
In some Bankruptcy Courts around the country, the Chapter 13 Trustee can write a letter approving the terms of your car loan. It is not professional that your attorney is not returning your calls, so perhaps you should give him a deadline by which to return your calls. Otherwise, you personally will contact your Trustee directly to explain the specific terms of the new loan. Here in Western Pennsylvania, we have a more complicated arrangement in which the actual Bankruptcy Court must approve the terms of the new loan, after a hearing is scheduled. So, it takes longer here in Western PA, usually about 2 to 4 weeks for this process to unfold, after which you can then get your vehicle.
Answer Applies to: Pennsylvania
Portland Bankruptcy Law Group | Christopher J. Kane
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.
Answer Applies to: Oregon