Legal Question in Bankruptcy in Illinois

I filed chapter 13 bankruptcy over a year ago, I lost the car that I was driving and ended up borrowing one from my sister, in December I started talking to my attorney about purchasing another car, he said I would need to find the car, bank and terms then get them to him and he would submit a motion to purchase, this has all been done and I thought I bought my car a month ago, however the dealer just called me and stated that the loan will not be funded if the ok to purchase is not in PACER today, there is a hearing scheduled for May 22nd but the dealer said this is not good enough, the loan will be denied I will lose the car and my down payment along with having to start over, I have called my attorney he has not called back yet, however the dealer said they have never seen anything happen like this before especially since I am over a year into this bk and I have never had a problem with paying also I did exactly what I was supposed to do, there were no objections filed only information from the trustee. I need to have a car to get to work and have reliable transportation. Is there anything I can do to force the judge to have a hearing today!! Also the dealer told me that after the final date for objection the judge usually makes a decision the next day, he said he has never seen one of these rejected.


Asked on 5/14/14, 9:21 am

1 Answer from Attorneys
Terrance Leeders Leeders Law

You have to give notice before these motions can be heard. It is not an emergency to buy a car, especially if you have access to your sisters, since you need court approval to buy a car during a ch13, although it may seem like one to you. The judge only sits on certain dates for certain cases, so it would not be possible to bring the motion any sooner. Talk to the dealer,they can probably work with you.

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Answered on 5/14/14, 11:27 am


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