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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-08-2006, 01:47 PM
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Join Date: Apr 2006
Posts: 8
Question

sell cars


What is the name of your state? ohio i am currently in a ch.13. i would like to sell both cars and their included in 13. their balance is worth more than the blue book. plus due to, two back to back shoulder surgerys i have fallen behind on my payments. question can i sell these vehicles i dont need? will this open pandora' s box and bite me on the backside?
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Old 05-09-2006, 07:39 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You cannot dispose of assets of the bankruptcy estate WITHOUT PERMISSION from your Trustee. So, yes, you can sell them but you have to get permission first. If you have car payments in the CH 13 plan, and you give up the cars, then your Plan will be modified to move that newly disposable income to other creditors.

If you can't make your payments, maybe you should have your plan modified before your case gets dismissed.
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