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My truck is on chapter13. My truck has been totaled. The…

Customer Question
My truck is on...

My truck is on chapter13. My truck has been totaled. The truck brought way more than payoff. Can the judge or whoever keep that money to disburse over the 13? And leave me the option to finance another, when I just want to buy out right to own??

Lawyer's Assistant: What state are you in? And are you working with a local attorney?

Yes I am but he will not see me. His office said he would tell me when he wants to see me.

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Yes the 13 has been in effect since 2016. But my wife and I are also going thru divorce and she lives with family and my family is deceased

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

So I am a disabled vet from gulf war and on limited income and paying half of 13 is hard

Submitted: 1 month ago.Category: Bankruptcy Law
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Customer reply replied 1 month ago
My wife wants me to pay half and now she wants half of ins settlement. I said I might not be getting anything and I will be without vehicle
Customer reply replied 1 month ago
I cannot afford truck payment and :-( payment
Answered in 2 hours by:
3/21/2018
Bankruptcy Lawyer: Terry L., Attorney replied 1 month ago
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,938
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Verified

good morning. Normally, proceeds need to go to the case to pay off the car and the rest of your unsecured creditors. You can petition the court to allow you to use the proceeds (usually the exempted amount from schedule C) to use as a down payment on a new one, or to purchase a beater to get you thru the remaining months on the case. Otherwise, you can use it to pay your creditors, and just petition to get another car if you can afford the additional monthly payment outside of your bankruptcy payments. This happens fairly frequently. If your wife did not file bankruptcy and she was a 50% owner, you can go into court to allow her to get her half of the distribution after the lien is paid. Let me know what questions you have.

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Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,938
2,938 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

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