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Making payments on new debt before filing BK

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    Making payments on new debt before filing BK

    We aren't filing until March '08, however we got a consolidation loan from Bank of America in July/August of this year for 10k. We weren't going to use it, but then decided to use the checks to move with to try to avoid BK in with my family (which isn't working sop we're moving out of state) and and the rest we used to pay down other cards. Since we used it in September and the first week of Oct, (almost the entire 10k, we've only made one payment on it before we realized that we were going to have to file BK. Our lawyer said that he's leaving it to our discretion to make another payment to them as good faith because they either could or could not object because they may think that we knew we were going to file.

    My question being, has anyone else been in this situation and only made one payment on an amount this big? With moving out of my family's house and we want to give our 2 kids at least some kind of Christmas this year and payment to our lawyer, we're a little strapped and not enough to pay them in December. We could scrape it up, but it would be tight. Would this give them a bigger chance of objection if we didn't make at least another good faith payment?

    Thanks for any input!

    #2
    I would try your best to keep the payments currents until you file. It would look better for you.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Originally posted by BassBoy View Post
      I would try your best to keep the payments currents until you file. It would look better for you.

      How would it "look better"?? The only difference would be not getting harrassed by B of A.

      Comment


        #4
        What I mean by looking better by keeping the payments current was: the loan was made, the money was spent, one payment was made and then not making anymore payments and then filing BK. Why make any trouble for yourself by having BofA objecting or even worse, having to deal with taking out a loan under fraudulent pretences. Of course, taking a loan in July/August and the filing 7 months later may not look fraudulent or may not be an issue discharging, but skipping out on the payments after just one payment? I would raise an eyebrow at anyone who would do that.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment


          #5
          I see. The loan was applied for in June, well before we thought we were in trouble, but didn't come until end of july or August. I understand the making another payment. I could see them objecting, it's a large amount. I've read other posts where people have taken out loans and not made payments...but I really want to avoid objections.
          Thanks.

          Comment

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