Chapter 13 bankruptcy, can we keep our car

Okay, there are a lot of things going on here, and there is much I don't know. So let me ask -

1) Do you currently have a Chapter 13 Attorney?
2) What are your current monthly payments?
3) You describe your car as 'totaled' then say you want to keep it?
4) You say you didn't 'include' one of your cars, what exactly do you mean?

These questions aside, the short answer is that nearly any arrangement can be accommodated in your Chapter 13 as long as you have a good Attorney to work your circumstances into an amended plan. That said, even if your current plan looks like it is going to fail, and an amended plan cannot be worked out at this time, you can still allow your case to be dismissed (i.e. for non-payment to the trustee) then refile and start from scratch. Note that due to wrinkles in the new bankruptcy law, this last option is not recommended (but it is available). You're better off simply reforming your current plan.

Feel free to give us a call if you have more specific questions.

You would need to file a motion to modify your plan -- the plan would include what to do with the insurance proceeds some of which might be left over to purchase a new vehicle. You would probably make the new vehicle payments outside of the chapter 13 plan. Please be cautious and get court guidance instead of making a decision on how to use insurance proceeds without court approval. Please contact yoru chapter 13 bankruptcy attorney.