Post: Chapter 13 New provision

Posted by Reg on 10/19/05
This is a very, very sticky situation. I have a 2004 Chevy Impala that I'm upside down on the lien by around $8,000.00. My wife and I are having another child. The 2004 Chevy only holds 5 people. My wife and I sit up front. My daughter and my two sons sit in the back. With this child that my wife is about to have will make 6 for our family. My wife is not working and I am the only person that works for now. Anyway, we needed another vehicle that will accomadate the soon to be 6 people in our family. We tried to trade in the Chevy in, but no one was willing to take the vehicle because of what we owed vs. what the vehicle is worth the difference is too much and they would have to tack on the difference to the new vihicle. So in essence I'd be paying around $700/ month for a mediocre vehicle. So we still have the chevy as well as the vehicle that is now going to accomadate the growing family. I need to get rid of the vehicle because I can't afford both vehicles by myself and I don't want it repoed because I know the reprucussions. The old Chapter 13 would have been excellent for this type of situation. Under the new Chapter 13 laws it states that instead of using what the vehicle is actually worth and paying that back you have to pay back the total amount of the loan even if it's way more than what the vehicle is worth. Is their anything I can do under the new Chapter 13 laws that would help my situation? At this point, I am lost and I don't know what to do. If and when they take it back should I file a chapter 7 on the now unsecured amount? Once they sell it at auction and get a fraction of what I owe I'm still going to owe the remaining balace. Finally, can they garnish my wages if it's repoed? Please help!!!
Posts on this thread, including this one
- Chapter 13 New provision, 10/19/05, by Reg.
- Re: Chapter 13 New provision, 10/19/05, by Dave.
- Re: Chapter 13 New provision, 10/19/05, by Reg.
- Re: Chapter 13 New provision, 10/19/05, by Derek.
- Re: Chapter 13 New provision, 10/19/05, by Reg.
- Re: Chapter 13 New provision, 10/19/05, by Reg.
- Re: Chapter 13 New provision, 10/19/05, by Reg.
- Re: Chapter 13 New provision homework, 10/20/05, by Prairie Dawg.
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