It depends on what kind of debt. The most common debt or loan that Chapter 13 Bankruptcy filers will incur is an car loan to replace their car. Depending on the local rules of your court, the procedures for getting a new loan for a car will require court approval and trustee approval. This is true for Sacramento Bankruptcy Court and Modesto Bankruptcy Court. If the amount of debt and monthly payment are reasonable, it is likely that the court and trustee will approve your request to incur a new debt to purchase a car during bankruptcy because it is a consumer debt incurred for property or services "necessary" for the Chapter 13 Bankruptcy filer's performance under the Chapter 13 Bankruptcy plan. Consumer debt means a debt incurred primarily for personal, family or household purposes.
The procedure for getting court and trustee approval can take a month so plan ahead and call your bankruptcy attorney. However, the local rules in Sacramento CA Bankruptcy Court and Modesto CA Bankruptcy Court allows for shorter approval time if your case fall within the guidelines.
Another common debt incurred during Chapter 13 Bankruptcy is taxes. You should speak to your bankruptcy attorney if you want to include the new tax debt in your Chapter 13 Bankruptcy Plan payment. Moreover, you should talk to your bankruptcy attorney about your current plan payment if you do not have enough funds to withhold the proper amount of taxes.
These are some of the common examples of debts that Chapter 13 Bankruptcy filers incurred during their Chapter 13 Bankruptcy. For question about other types of debts or loans, call to schedule a consultation with Muoi Chea Bankruptcy Attorney in Sacramento, Stockton, and Fairfield, California.