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Chapter 13 and home equity loans

(1 post)
  • Started 3 years ago by kx90

  1. kx90
    Inactive

    Well, here's my story.

    2 years ago my wife and I had to file for a Chapter 13, with her losing her job and no one wanted to hire her being that she was pregnant, we were pretty stuck.  (The part that really sucks is that after we filed is when she finally got a job ??? )

    Anyways, under the advice of our lawyer, we refiled again this past April due to our mortgage company claiming we owed more than what was originally in the first plan.  So, we stopped making any payments to my car (lease) and our mortgage company and the Trustee.  So when they dismissed it, we filed again (lawyer told us that we could file again until the trustee dismissed the first one).

    So, since May we have been making our payments religiously.  Now, problem, car #2 is about to fall apart and die.  Need another car.  No cash on hand to pick up a cheap used one, so naturally we will need to get some sort of financing.

    My question is, will this even be possible?  We haven't even had our Meeting Of The Creditors yet.  We have a good bit of equity in our home, but since we have arrears from our mortgage company in the Chapter 13 Plan, will that kill our chances of tapping into that equity?

    I wouldn't even mind leasing another vehicle if it's even possible.

    Thanks.
    Posted 3 years ago #

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