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Ch. 7 to Ch. 13....please no!

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Junior Member
What is the name of your state?California
I hired an attorney last June to help me with a fairly simple, I thought, bankruptcy. I have no assets and very little disposable income after living expenses. My vehicle, a 1999 truck, has required $3000 in work this past year. I was already upside down on it. So, the attorney suggested I surrender it in bankruptcy and get secure a loan for another vehicle before filing bankruptcy. I took his advice, got the loan, and he filed my paperwork which included the stipulations to surrender the truck and reaffirm the new loan. All was fine until I find out from the finance company in mid July that they are refusing to fund the loan since I am in open bankruptcy. So, of course, I have to give the new car back. Now I am without a car, which is not the biggest problem. This is.....since my paperwork included the new car loan, $450 a month, and since that loan no longer exists, my lawyer now informs me that at the trustee meeting on 8/31, I will probably be moved from Ch.7 to Ch.13. As it turns out, all the lawyer would have had to have done is advise me not to file the bankruptcy until after I had made the first payment. This would have been fine. But instead, I am now in a situation where I don't have a car, and because my disposable income is artificially inflated since it does not include a car loan, I may be moved into Ch.13. Is there anything I can do about this. Will the trustee listen to this and make any considerations. HELP!! I can't get my lawyer to respond to my phone calls or emails.


Senior Member
I assume you DO need a car ?? You should be able to keep an amount in your expenses to pay for a replacement vehicle, it would be a legit expense. I was told that Trustees here will allow up to $300/mo for a car payment to replace an old car. Ask your lawyer if that'll fly where you are.

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