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We Are Currently in a Chapter 13 Bankruptcy. Where Can We Get a Loan? – Sherri

“Dear Steve,

I applied for bankruptcy in Summer of 2011.

I am wondering if it is possible to obtain a loan while you are currently in bankruptcy? My husband and I would like to do some work on our home and he will need a new vehicle very soon. The car he currently drives is in the bankruptcy proceedings, but I dont want to do anythingn that would hurt us in the long run. Please help!

Sherri”

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The Answer

We Are Currently in a Chapter 13 Bankruptcy. Where Can We Get a Loan?   Sherri

Dear Sherri,

Since you are still in your bankruptcy I’m assuming it is a chapter 13 bankruptcy where you make monthly payments over a period of time to protect your assets but take care of the debt.

Getting a new loan while in a chapter 13 bankruptcy is tough, if not impossible.

Before you made any application for new credit you absolutely must discuss this matter first with your bankruptcy attorney. They may tell you it would require approval of the bankruptcy trustee.

But the issue here seems to be if a chapter 13 bankruptcy is still suitable for you or you need to consider converting it to a chapter 7 bankruptcy where you debt would be discharged in about 90 days. You could then focus on rebuilding your credit so you would be in better shape to apply for credit in the future.

Again, talk to your attorney about your current situation.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

We Are Currently in a Chapter 13 Bankruptcy. Where Can We Get a Loan?   Sherri
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Sherri

    Is it difficult to convert to a Chapter 7??

    • http://GetOutOfDebt.org Steve Rhode

      It is not necessarily difficult but you would need to consult with your bankruptcy attorney regarding feasibility.

  • Jonathan Ginsberg

    As a rule, Chapter 13 debtors may not incur new debt without the approval of the Chapter 13 trustee and/or the judge. You will have to fill out a form explaining why you need the loan and how you plan to repay it. Loans incurred post-petition must be repaid directly and if you are in a Chapter 13, all of your disposable income is spoken for. In my experience, Chapter 13 debtors may be able to obtain permission for a mortgage (refinance) loan or a vehicle loan but not much else.

    I agree that converting to Chapter 7 is a better solution but the debtor will need to show that he can no longer afford the Ch. 13 payment.

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