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I had filed Chapter 13 which included a vehicle. Well its on its last leg and I don't think its going to run much longer. Does anyone know if you are allowed to have the vehicle discharged or allowed to trade while in Chapter 13? thanks so much!!
Hi alan,
In our state, we had to get the trustee's permission to purchase a new (new to us - a used) vehicle after ours was totalled in a crash. (Gotta love 16 year old drivers).
I would assume this is a fairly common occurrence. Check in with your attorney.
thank you! Someone said that if you affirmed your vehicle that you could not do anything. So, not really sure what that means...
Afraid we'lll have to defer to other experts.
We paid for the vehicle in full - the old one, that is. We didn't get to "write off" or have any portion of the original car loan forgiven. Is that what you're looking for? In fact, our insurance coverage, which was paid directly to the lien holder, was less than the amount due on the loan, and we paid the difference. It remained as part of the BK until the payments were completed.
Hope that's somewhat helpful.
Yes contact your lawyer and tell them you want to give the vehicle back, if you are still in the ch 13 you should be able to do this, however then if you give it back and then need to buy a new one, you might have trouble getting the court to approve it. So be sure to cover all bases with your attorney first