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Granted motion to incur auto debt - chp13... but

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Anonymous
Not applicable

Granted motion to incur auto debt - chp13... but

What does the lender do with the order?  Just file it with the paperwork?  Do they need to verify it with the court or my lawyer?  Just wondering for when I go in and apply.  Im sure they want the order, but is it just a formality to add to the paperwork?  Whats the process from the lender side when you supply your order to incur debt for buying a car??

Message 1 of 8
7 REPLIES 7
FireMedic1
Community Leader
Mega Contributor

Re: Granted motion to incur auto debt - chp13... but

The motion will request that the court issue an order allowing you to proceed with the purchase and financing of the vehicle based on the terms outlined in the motion. You may also need to modify your Chapter 13 Plan. In some cases you may be able to reduce the amount paid to unsecured creditors in order to afford the new car payment. Your attorney may also need to amend your bankruptcy schedules.

Once you receive the court’s permission, you can go car shopping! Unless you have already obtained financing, you will need to seek a loan from one of the car dealer’s lending sources. This often requires substantial leverage and influence, so generally dealing with a large dealer is preferable over a smaller dealership. Larger dealerships are often better at overcoming difficult credit issues, such as an open bankruptcy case. It may also be worth a telephone call to the dealership to discuss your situation before actually visiting the lot.

 

Be upfront with lenders about your credit situation and why you need a car; lenders that aren’t willing to work with you will be honest about that and it’ll save you both a little time and aggravation. When you do find lenders willing to work with you, be ready to offer up any information they need and to put them in contact with your lawyer or your trustee. Even the most open-minded lender will proceed cautiously; don’t expect any “instant” approvals.


Message 2 of 8
Anonymous
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Re: Granted motion to incur auto debt - chp13... but

I did it in the opposite order.  I was in a crash that totaled my vehicle, which was paid. Got a check from the insurance company, which I used as a down payment. Went to a dealer, stated my situation and they got me approved for a loan.  Brought the terms of the loan to my lawyer and he ran it through the trustee for approval.  In my case no modification to payment plan was needed.

Lawyer said it had to be new car with a term less than 60 months.  It was at 13%.  

Message 3 of 8
Anonymous
Not applicable

Re: Granted motion to incur auto debt - chp13... but

Oh;  The lender needed the letter from the trustee before they would finalize the loan and send the cash to the dealer.

Just know that the car loan will never appear on your credit report.

 

Message 4 of 8
Anonymous
Not applicable

Re: Granted motion to incur auto debt - chp13... but

You guys didn't really answer my question.  I have the letter from the trustee.  I have an approval for the car I want.  What I want to know specifically is WHAT does the lender do with the letter from the trustee?  Do they just file it in the deal, or do they contact the court to verify it?  Do they send notice to the court that the loan was written??  I want to know if this is just them asking for this piece of paper from the court, or if they actually do anything with it...

Message 5 of 8
FireMedic1
Community Leader
Mega Contributor

Re: Granted motion to incur auto debt - chp13... but

Take the paperwork from the court and bring it to the dealership to complete the auto loan process. Thats 2 approvals.


Message 6 of 8
Anonymous
Not applicable

Re: Granted motion to incur auto debt - chp13... but

What??? Do you understand what I’m asking?? Because in context, your reply makes no sense.

What does the lender do with the approval from the trustee. Do they send a response to the trustee to show the loan has been processed? Or do they just take the letter and hang on to it?
Message 7 of 8
coreyb80
Super Contributor

Re: Granted motion to incur auto debt - chp13... but


@Anonymous wrote:
What??? Do you understand what I’m asking?? Because in context, your reply makes no sense.

What does the lender do with the approval from the trustee. Do they send a response to the trustee to show the loan has been processed? Or do they just take the letter and hang on to it?

No, the question was answered.  They take the letter and process the loan as they normally would.  They just need the letter to verifiy that you have permission to incur the debt.  That's it that's all.

Message 8 of 8
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