My car payment was included in my bankruptcy payment but the car was totalled but the car claim was left open can I get another car with the payment being included in the bankruptcy payment.
First, I dont know what a "claim " "left open" means. The plan provides on what to do with a car. Was your plan confirmed yet? A modification may be needed. WHy? In my District if the plan provided for the car payment and totaled, then the issue is insurance coverage. And although the trustee can authorize in car purchase in my DIstict, the post petition payment will be made by debtor and as a result, the plan payments may be reduced by the car amount no longer needed. But the type of plan you have may affect all this too,i.e. 100% payment case or best effort, or means test case.
But he ONLY thing you need to do is ask your attorney and if none, employ one on your options now. And if you were injured, there are some other legal duties that must be done in your case if you have a claim too. Good luck.
Your attorney can file a motion for substitution of collateral but the car finance company will have to agree as will the trustee. Logistically these motions are a pain even for experienced attorneys so your attorney needs to do this. It is not DIY.
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