Can I buy or lease a car during bankruptcy?

Asked over 3 years ago - Avondale, AZ

My husband and I have 2 years left in our chapter 13 bankruptcy. He has a good paying job but I'm retired. Our car is dying and needs to replace it. Can I buy or lease a car during bankruptcy?

Attorney answers (4)

  1. Ryan Hardy

    Contributor Level 15

    Answered . Yes. You would need to seek approval from the Trustee to sell and buy property. From the facts you listed above, it it is likely the Trustee would grant the request. You should contact your attorney to draft the proper motions.



    *This answer is provided as general information, and is not to be construed as legal advice.

  2. Eric Charles Lewis

    Contributor Level 17

    Answered . Yes, but you will need to get with the Trustee's office for approval.

  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . Yes. Contact the Trustee or your attorney for the "Application to incur non-emergency debt".

  4. John Felton Williams Jr.

    Contributor Level 6

    Answered . If you are in a Chapter 13, there is a prohibition against incurring debt without trustee or court permission. So, if you need to do so, you will need to seek that permission. If you are replacing a vehicle payment with a new vehicle payment then you may need to modify your Chapte 13 plan to show the old vehicle as a surrender, if possible, or to change the chapter 13 plan payment to reflect the difference. Some trustees require a new budget to be filed when seeking permission to take on a new debt. Talk with your attorney to find out what is required.

    The information provided herein is for general informational purposes and not to be relied upon as a substitute... more

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