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#chapter13trustee #chapter13plan #objectiontochapter13plan

Can You Include an Extra Vehicle in Your Chapter 13 Repayment Plan

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Published on Nov 8, 2018

Chapter 13 functions as a repayment plan to help you restructure your debt. As such, the Chapter 13 trustee will likely object if you include a car or truck payment for a vehicle used by someone other than your spouse or minor children.

Whether you can overcome this objection depends on a variety of factors. For example, if you are financing a vehicle used by your spouse or teenage son/daughter to go to school, you can make a compelling argument that the extra vehicle is necessary for your family to function.

On the other hand, if you purchased a vehicle on behalf of an adult child, a sibling or a parent, it will be more difficult to argue that this expense is necessary for your personal financial rehabilitation.

The Chapter 13 trustee will also look at how much you are paying your unsecured creditors in your plan, and whether the person driving the vehicle is reimbursing you for the cost.

If you need bankruptcy advice but have an installment contract for a vehicle purchase and you are not personally using the vehicle, please give us a call. We have extensive experience negotiating with Chapter 13 trustees and arguing to bankruptcy judges when an impasse is reached. #chapter13trustee #chapter13plan #objectiontochapter13plan #vehicleinchapter13 #trusteeobjections
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