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New debt during a Chapter 13?

On Behalf of | Sep 7, 2015 | Chapter 13 Bankruptcy |


If you file a Chapter 13, you are in it for the long run. Unlike a Chapter 7, which may be completed in as little as 180 days, most Chapter 13s have a duration of between three and five years. This is because of difference in how the two chapters function.

In a Chapter 7, the trustee collects any nonexempt assets, which few Chapter 7s possess, and sells them to repay some of your creditors. In most Chapter 7s, there are no nonexempt assets and within a relatively short time, you receive your discharge from your debts. 


With a Chapter 13, you will pay a portion of your debts, including the full, secured value of some property, such as a car or home. This is done by means of a Chapter 13 plan, with monthly payment to the trustee during a three to five year period. The plan is essentially a budget, which accounts for all of your income and expenses during the month.

A Chapter 13 plan may help you bring a sense of order to your finances. However, if something changes during the plan, such as the loss of a vehicle, you may need to modify your plan and take on additional debt.

While this is possible, it must be done with the approval of the bankruptcy court and the trustee. Surprisingly, you can obtain credit during a bankruptcy, although in recognition of your financial condition, it will likely be more expensive.

And the purchase must be essential to maintain your job and therefore you income to fund your plan. If you have more than one vehicle, you may have to consider carpooling, as your other creditors may object to your request for additional debt.

Because court time is at a premium, you will want to begin the process as soon as it becomes necessary and working with your bankruptcy attorney can help ensure that all of your actions comply with the requirements of the Bankruptcy Code and the court.

Source: autocreditexpress.com, “Can I Buy a Car While in a Chapter 13 Bankruptcy?” Amy F., August 31, 2015


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