Chapter 13’s work differently. Anything that you acquire while you are in Chapter 13 becomes property of your bankrupt estate, including any new purchases, such as a new car.
Due to the length of time that a Chapter 13 lasts ( 3 to 5 years), it is common for a debtor to need another vehicle during the course of the case. The Court understands that cars wear out, get wrecked, or develop mechanical problems that are too expensive to repair. In such situations, the Chapter 13 Trustee may approve you for a new car as long as you can demonstrate both a need for it, and an ability to pay for it; and there are lenders that work with debtors in bankruptcy.
If you are considering bankruptcy but are worried that your current vehicle will not last the term of your case, please know that purchasing another vehicle is possible. It is much better to purchase one with Trustee permission after you file than try to purchase one on the eve of filing, which can be considered bad faith and draw an objection from the Trustee and the Creditor.
If you are already in a Chapter 13 case and need another vehicle, simply contact your attorney and they will help walk you through the process.
5/14/2023 02:45:36 am
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