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, 2014

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
GARCIA & GONZALES, P.C.
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
Replied: 4/14/2014
The Law Office of Darren Aronow, PC
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
Replied: 4/10/2014
Stephens Gourley & Bywater | David A. Stephens
Contact the trustee to see if the trustee will approve it without a motion.
Answer Applies to: Nevada
Replied: 4/10/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
You should call the Ch. 13 Office and ask that the trustee send you a letter to the effect that the trustee will take no interest in the new vehicle. That is quite common in Minnesota.
Answer Applies to: Minnesota
Replied: 4/10/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
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.
Answer Applies to: California
Replied: 4/10/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    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.
    Answer Applies to: Nevada
    Replied: 4/10/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Sadly, get a new lawyer.
    Answer Applies to: California
    Replied: 4/10/2014
    A Fresh Start
    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
    Replied: 4/10/2014
    Law Office of Lynnmarie A. Johnson
    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
    Replied: 4/10/2014
    Rhymer Law Firm
    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
    Replied: 4/10/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    At any time just fill in their form to request permission.
    Answer Applies to: New York
    Replied: 4/10/2014
    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
    Replied: 4/10/2014
    Portland Bankruptcy Law Group
    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
    Replied: 4/10/2014
    Havkin & Shrago | Stella Havkin
    It is just a motion to borrow.
    Answer Applies to: California
    Replied: 4/10/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Contact the trustee directly.
    Answer Applies to: Indiana
    Replied: 4/10/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney