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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am currently in a Chapter 13 bankruptcy with approximately

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I am currently in a Chapter 13 bankruptcy with approximately 15 months left. My auto was in very bad shape and I did obtain financing without Trustee approval. Due to the situation and need for an auto so that I could work, I did not consciously realize that I should have obtained permission first. What kind of trouble am I in?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.

You're not in any huge trouble as long as you keep your plan payments. Generally, if you don't include the new debt in your Chapter 13 plan, you would just pay the debt outside of your plan, and at the end of your bankruptcy, the debt will not be discharged.

But, the problem is that if the additional debt impacts your ability to pay your plan, and because your income belongs to your bankruptcy estate, then spending it on unapproved consumer debt would allow the trustee to try and dismiss the case if you miss plan payments.

One option is to file a motion to approve the debt later by showing that it was not possible to get court approval ahead of time. You will also have to get the creditor to agree and to submit a proof of claim. At that point, you can include the debt in your plan.

However, if you've been paying the plan payment and car note all along and nothing has happened, it's not likely that anything will come of it.
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