Can I keep the money that I would have used to pay a car loan ifI paid it off outside of my Chapter 13?

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Can I keep the money that I would have used to pay a car loan ifI paid it off outside of my Chapter 13?

Do I have to turn it over to the trustee?I was hoping I could keep the money I would have used to pay this debt to save. Will the trustee know the car was paid off if its being paid outside the plan? My bankruptcy was filed in 05/10 and is for 5 years. My car will be paid off in 11 months.

Asked on March 16, 2011 under Bankruptcy Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have money, in a Chapter 13 that would be disclosed and must be disclosed to the trustee who then works with you and through orders of the bankruptcy court determines what is going to be paid and what is not. If you have a reasonable and compelling claim of why that money should not be in the bankruptcy as an asset and instead be used to pay off your car loan, you need to ensure you have all of the reasons and speak to the trustee. After you speak to the trustee, make sure you then go ahead and put those reasons and that conversation in writing and submit by certified or registered mail to the trustee, confirming your conversation.  You want to do this especially if you the trustee tells you he or she is fine with you not claiming those monies as part of the assets you have for the Chapter 13 plan.


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