Bankruptcy Forum

Payday loan after 341 hearing before closing

slg1234
10-29-2007, 09:15 AM
I don't want any lectures I just want an answer if anyone has one...lol. I filed chapter 7...surrendored vehicle and reaffirmend my house. Had my 341 I'm at day 54 ...trustee has already discharged and I am awaiting closing. I had some very high unexpected bills to pay this month due to a new sewar line being put in along with some other things. My mortage (which was reaffirmed in my BK) is due on Wednesday and I don't have the $400 to pay it. My next pay check is next Wednesday (the 7th). Would I be better off paying my mortgage late? Or my other option was to consider getting a pay day loan. I have never gotten one before and the $60 it would cost me in interest doesn't seem to drastic. Can I even get one if my case has not been closed? Would it affect my case in any way if I did? I know its not the best solution but just trying to figure out the best way to handle this.

familyof7
10-29-2007, 09:27 AM
You are not suposed to get any new debt (credit) of any kind until bk is complete. You could postdate pmt with the mortgage company. I had to do that. Or just pay 7 days late. Do you have a grace period in you mortgage. Like mine is due on the 1st but I have til the 15 to pay before late fees are incurred

HHM
10-29-2007, 09:28 AM
If you are at day 54, how can your case be discharged. Do you actually have a discharge order, or has the trustee merely filed their final report. The time period for objections is 60 days from the 341 meeting. It's the BK court that ultimately discharges you, not the trustee.

In any event, if your case is "in fact" discharged, then you can get a pay day loan if you want to.

You might want to call the mortgage company first and see if they will defer payment or allow a partial payment (but since you just filed BK, I wouldn't count on it), but you should try calling the mortgage company first before going down the payday loan route.

B12
10-29-2007, 09:39 AM
Check your payment booklet or statement. I am betting you have until the 15th to pay the mortgage without incurring any late payment.

slg1234
10-29-2007, 09:41 AM
Sorry..I probably didn't phrase it correctly...I have not technically been 'discharged' the trustee has just filed his final report. I am not sure about my grace period with my mortgage company because it is automatically withdrawn from my savings account so if its not there on the 1st they will call(which only ever happened one time ever). I was given a .5% better interest rate to have it set up that way.

HHM
10-29-2007, 09:52 AM
Ok, if you are not discharged, then, strictly speaking, you are not allowed to incur ANY debt. But sometimes you have to do what you have to do.

That auto withdrawal complicates matters, but...again, I would still call the mortgage bank and see if you can get a one payment deferment. The odd thing is, usually when a person files BK, these types of auto-withdrawals are stopped because of the automatic stay.

slg1234
10-29-2007, 10:01 AM
I know I was kind of suprised as was my attorney that they did not stop the auto withdrawal. My attorney kept telling me to make sure they still took the payment out so I would still be current but they never skipped a beat. So I'm not 'allowed' to incur any additional debt. What could happen if I did? I would hate to screw things up now since I'm so close to this all being over and getting this loan will not be 'robbing peter to pay paul'. I have the excess I just need it a little sooner.

kl030505
10-29-2007, 10:12 AM
Call your mortgage company. If they won't wait until after payday, then call the bank and do a stop payment on the item (it will be a $30 ish fee). After that, call your mortgage company back, tell them you had to place a stop payment on it, but will pay in full on X date. You'll be well within the grace period. It should be fine.

tiredofdebt1
10-29-2007, 10:41 AM
i am in default management at a mortgage co. as KL030505 stated above..do a stop payment...you rather pay at late charge(request it be waived) they will do it..trust.....instead of getting a payday loan.....a payday loan was the worst thing i could've done

slg1234
10-29-2007, 12:17 PM
Thanks for all the advice.. I will give them a call and see what they say.

slg1234
10-31-2007, 01:39 PM
Just thought I would post an update. I spoke to my mortgage company and they did not even blink an eye. She asked if instead of my direct withdrawal happening on the 1st of the month if I wanted it to come out on the 5th or the 10th of each month. I told her the 10th and she changed it right there on the spot and said from now on it would come out on the 10th of each month. No questions asked. Thanks all for your input :)

HHM
10-31-2007, 01:42 PM
Nice....

chpxiii
10-31-2007, 01:47 PM
Awesome! I'm glad this worked out for you. :) Yay!