Bankruptcy chapter 13
3 attorney answers
As Attorney Caldwell said, you should submit an amended plan to surrender the car. You can then submit a motion to purchase a new car pursuant to the policies in place in your district. Check with your lawyer to find out the steps required.
An amended plan would have the added benefit of allowing you to revisit your schedule of expenses. If you are having to take out payday loans, there is a good chance that your current schedule of expenses does not accurately reflect what you have to spend on necessary expenses.
If you are having to take out payday loans to pay bills that are not necessary expenses, you need to stop doing that. Chapter 13 can be a powerful tool to help you retrain yourself to live within your budget. Take advantage of that, and you will be in a better place at the end. If you don't, you might be right back where you started.
This answer is intended as a general discussion of legal issues and does not create an attorney-client relationship. You should discuss your issue with an attorney in your area to better understand your legal rights and options.
You will need to modify your plan to surrender the car that was destroyed or you may be able to substitute the new car you want to acquire. You will need an attorney to do this. the trustee will not pull your credit report but it is likely that whatever finance company you want to use will. Stop taking out payday loans, unless you really like being in debt and haven't learned anything from having to file bankruptcy.
DISCLAIMER: This message is intended as a general discussion of legal issues...
No one in world can tell you what is on your credit reports unless they obtain a copy. Whether you could legally incur new debt w/o a court order depends on the District you are in..look at your actual confirmed plan and the order of confirmation both. If you have an attorney ask them now. Sorry to hear about the vehicle. If the plan already provides for payments on the totaled vehicle you need to discuss that with an attorney also as you may need to do a modified plan too. Good luck.