Yes, but I would hang on to your car if you can make the payments because getting a car while you are in bankruptcy is quite a process (you must file a motion to incur additional debt and get permission from your trustee) and you will pay a much higher interest rate. Maybe higher than the one you have now, since you purchased it before bankruptcy. There are also limits on the price of the car you are allowed to buy and a limit on the payments you are allowed to take on. You will also have a repo on your credit, making it difficult to finance a car
If the Chapter 7 is still pending, you can amend the documents to surrender the car. You may be able to re-open the case and amend the documents even after it has been closed. If you want to keep the car and can pay a C. 13 plan to get caught up on the arrears, you can file a C. 13. It may not be worth the expense, however.
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
Chapter 13 is recommended if:You have debts that are not dischargeable in Chapter 7You are in default on mortgages or car paymentsYou have more property than can be exempted under Chapter 7You owe taxes or other debts that are not dischargeable in Chapter 7I put that information there because it is important that you determine whether you fit into the category of a person that chapter 13 (rather than chapter 7 or no bankruptcy filing) would be a good option.Because Chapter 13 takes time and dedication on the debtor throughout the whole process, I strongly recommend that you contact a bankruptcy attorney to help with the filing.
While in a Chapter 13 debt repayment, the person(s) involved must have the permission of the assigned trustee before making major financial transactions. Failure to do this can result in the dismissal of the filing and/or other penalties. Not quite true. You can purchase a new car by obtaining a specific car loan agreement which does not seriously affect your chapter 13 plan payments and filing it with the court with a motion to approve the loan. The chapter 13 trustee must also agree to the new car loan. The details vary somewhat from one bankruptcy district to another, so consult a local bankruptcy lawyer.
Yes, at the present time, a Chapter 13 has no filing time limits.As of October 17, 2005, the new time limit for filing a Chapter 7 is now eight (8) years from the discharge date of a previous "7" filing. The time limit for a Chapter 13 is four (4) years from the discharge date of a previous "7" and two(2) years from the discharge date of a previous "13".
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