My boyfriend is in chapter 13 his car was in it but was totalled so trustee approved new loan thru car lot
3 attorney answers
I agree with Mr. Turner. talk to your counsel. There is more here than what has been asked.
This is not legal advise. It is intended only as general information for your use and since all facts may not be disclosed, It is difficult to give an accurate and complete answer.
There cannot be a first payment coming up on a loan that did not happen. It almost sounds as if it is a yo-yo transaction, where the dealer gives you the car, saying they will get you a loan, and then change their mind or the terms. He should review this with his bankruptcy attorney or get one. If he has a loan agreement, that does indeed list an upcoming payment amount and date due, he probably should make the payment, apparently to the dealer. He may be able to keep the car and let the dealer's failure to get a loan become the dealer's problem.