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The Motion to Incur Debt gives the debtor permission to purchase a home/car/or something else through a loan that will be paid outside of the Chapter 13 Bankruptcy Plan. The debtor still obviously needs to get approved a finance company that is willing to give a loan to someone in a Chapter 13 Bankruptcy.

The motion usually says something along these lines:

THE DEBTOR MAY PURCHASE A VEHICLE FINANCING NO MORE THAN $15,000.00 AND HAVE A MONTHLY PAYMENT NO MORE THAN $400.00

You do not want the motion written up by your attorney to say more than that. Sometimes a lawyer will write an interest rate cap, or the motion will only allow you to purchase a certain vehicle. If the motion says you can only buy a car if the interest rate is 12% or less, and you do not qualify for that low of an interest rate, guess what? You need to get a motion. Guess who gets to charge you more money for doing it again? Your attorney.

Make sure it is done correctly the first time and save yourself some time and money.

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