If my insurance company is totaling a car that’s being paid through an open Chapter 13, how do I get another vehicle?

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If my insurance company is totaling a car that’s being paid through an open Chapter 13, how do I get another vehicle?

Asked on April 5, 2012 under Accident Law, Ohio

Answers:

DRichard White / MoKan Personal Injury Group

Answered 9 years ago | Contributor

The first thing you need to do is to make sure that you are getting the full value of what your vehicle is worth. If you owe more on the vehicle than it is worth then you need to have your bankruptcy attorney amend the plan to reflect a payment in full of the vehicle value and have the balance declared as a unsecured debt to be written off. If you are receiving more than you owe then you can have the balance paid off and use what is left as a down payment on a new vehicle. Whatever the case the best way to get a new vehicle is to contact your bankruptcy attorney and have your attorney address the issue in the bankruptcy court.


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