What are most common situations that warrant obtaining additional trade lines in Chapter 13 and what are the best products?

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I am a graduate student working on a case study project for a big bank regarding credit products to help potential customers currently going through Chapter 13. My research has indicated it is very difficult to obtain additional trade lines when going through bankruptcy (requiring court approval, etc.).

Attorney Answers

6
Richard Granvold ·
I believe you should expand more explaining exactly what you mean by obtaining "additional trade lines". Have a great day.
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Derek Caldwell ·
I doubt there are any products to recommend to assist ch13 debtors obtain new credit since all districts require court approval to incur new debt while in bankruptcy.
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Christopher Edwards ·
There are circumstances that certainly warrant a debtor incurring debt while in bankruptcy. That being said, court approval is necessary for the debtor to obtain any debt. The court and trustee will scrutinize the transaction and the debtor must have a very good reason for borrowing money, such as a totaled vehicle, etc.
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Matthew Berkus ·
The other responders have given you the black letter rule: Chapter 13 debtors may not obtain new credit while in chapter 13 bankruptcy. But, there is theory and then there's reality. About 300,000 chapter 13 cases are filed nationally. But, understand what is chapter 13. A chapter 13 is a monthly payment plan whereby the debtor is devoting all their disposable income to the chapter 13 plan. In theory, and on paper, the debtor has no money to service additional credit. On a practical level, debtors in chapter 13 would benefit most from a low balance, unsecured credit card. The reasons are two fold. (1) A credit card provides the debtor a small cushion to absorb unexpected expenses without jeopardizing the chapter 13 plan, and (2) a credit card helps the debor re-establish credit usage which accelerates credit score recovery. The later reason is especially important for chapter 13 debtors who may need to refinance a home during the chapter 13 plan (the FHA program that refi's mortgages inside chapter 13 has a minimum credit score requirement). If the credit card has a relative low available balance ($1000 to $2000 at most), is unsecured, and has standard minimum payment terms (2-3%), the reality is no one in the bankruptcy system cares. What the debtor does without telling anyone is a matter of hear no evil, see no evil.
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Carl Starrett ·
Contrary to some of the statements made by my colleagues, not all bankruptcy courts require court approval for the debtor to incur new debt while in Chapter 13. Lenders and creditors will often demand a "comfort order" before extended credit, but it isn't necessarily a legal requirement. It depends on applicable case, the terms of the Chapter 13 plan and the plan confirmation order. I had once client who was able to get a secured card while in a Chapter 13 case. Business travel was a job requirement and the client used the credit card for reimbursable travel expenses. I've seen other people get approval for a new car loan to replace a junker while in Chapter 13. Calling it "very difficult" is a subjective analysis. It is possible both with and without court approval.
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Wesley Scott ·
I agree with others- your question is difficult to understand. If you are asking what is the most common need for credit in a chapter 13 the obvious answer is auto financing. In Minnesota you only need a letter from the trustee to obtain auto financing- you don't need court approval. This is not legal advice- please seek legal advice immediately.
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