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    employer loan before filing

    We took out a small loan ($225) from DH employer to help us with purchasing a fridge. Ours went out, we had to replace it. We had some money left from our stimulus. We really couldn't figure out any other way to get a fridge.

    Now here's the question. We repayed this loan with payments taken directly from DH check each week ($25), we are reaching the end of the payments. Matter of fact the last payment is this week. So will this be a problem that we made preferential payments to a creditor? We would have been making $100 payments a month for 2 months which is reflected in DH paystub. We want to file, but is there a waiting period so this doesn't cause any red flags or is this such a small amount it won't be questioned.

    I know a fridge is a necessity do you think the trustee will think this was ok? I have my receipt which would show the date close to the beginning of the loan. We would like to get this BK started and file, but don't want any problems. We are a C7 with strictly cc debt. We fall way below median income and our paralegal when she did our means test felt we had no issues.

    Thanks!
    Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

    #2
    Preferential payments for consumer BK are generally for amounts over $600 in the last 90 days I think. You should be okay if the loan was only $225.
    Filed Ch 7 -- July 9, 2008
    341 mtg ---- August 14, 2008
    Discharged ---- October 17, 2008
    Closed --------- December 11, 2009!

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      #3
      Originally posted by PoorGrammyinBK7 View Post
      Preferential payments for consumer BK are generally for amounts over $600 in the last 90 days I think. You should be okay if the loan was only $225.
      Oh thank you! I have been worrying about this and now I can give the paralegal a call first of next week and send over our paystubs and should hopefully be filed with 2 weeks!! I am getting a bit nervous again, now it's getting closer. Crossing my fingers nothing else stops us!
      Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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        #4
        We actually had a personal loan from my mother-in-law that we included in bankruptcy. She was so stingy and had to make us sign a contract....had we not signed the contract, we wouldn't have had to list it.

        Our total loan amount was $1500 and the balance was $1350 when we filed. Our lawyer told us that the trustee *might* take the payments back from her that we made, but luckily she didn't.

        Good luck to you!!
        Filed Chapter 7: 3-22-08
        341 Meeting: 5-15-08 It went great!!!
        Last day for objections: 7-14-08
        Discharged and Closed: 7-21-08

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