chpt 13 & car part2

[Simplycuban]

What is the name of your state? Md

By scrolling thru the messages I find the answer to my previos post and I see that no matter what you need permisiion,now here is a new ?. Can i write to the trustee and ask permission on my own or must I use my BK lawyer, I ask this because when I tried to sell ny condo, and I went to him he wanted $500 to ask the courts permission, and since money os tigh with all that he advised me to surrender the property, which i did in Jan of this year,guess what they are just now sending me papers informing me that theyare asking for relief from the stay concerning the property!!! I am confused. ? Any body got any ideas? Thanks

 

[HomeGuru]

You got too many threads on the same subject.

 

[Simplycuban]

Thanks for your Great advice?

 

[Elmo-1]

Yes, you can contact the Trustee yourself. I did it for the exact same reason - to get a new car. Start by calling his office and asking just what they need from you. You don't have to talk directly to the Trustee, his staff can probably get you set up on what you need to do.

In my case it was a short letter requesting Trustee approval to incurr a new debt.

In the letter clearly and concisely state why you need it and give financial justification for the 'new' debt:

Example:

Reason for request: Auto accident totalled vehicle in use when petition was filed. Entire insurance claim to be used as downpayment for replacement vehicle.

Previous vehicle monthly payment amount = $xxx.xx
Replacement vehicle mo. payment amount = $xxx.xx

Difference in monthly payment amount = ($xx.xx)

Proposed Lender: GMAC, or whomever

Make sure the difference isn't significantly less than the original as the Court may want it to go into your repayment plan.

In my case I was able to fax the request letter to the Trustee (attention my case mgr), and got a letter back signed by the Trustee with approval for a new debt with a monthly payment limit. Took a less than 24 hrs to get a faxed response back. The original came in the mail a few days later.

Hope this helps.

 

[Simplycuban]

Thanks Elmo

That really gave me the right track, I will type up the type of letter you desribed, and be ready to call the trustee's office tomorrow! This really gives me hope that I can get a vehicle after all. Thanks again , and all the best to you and your family during the hoildays!!!