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    Leaving loan out of Chapter 7

    I'm just looking for some thoughts if I leave a small personal loan out of my Chapter 7.

    Where or at what schedule or expenditure would I add this monthly payment?

    It costs about $68 a month and I have about 18 months left on it.

    Also on a side note. I'm doing searches on local attorney's and I keep finding they are using free e-mail accounts like hotmail, yahoo, etc. and if they do have a website it doesn't look well designed or professional. Yahoo and hotmail isn't secure for confidential documents. I found some attorney's using g-mail and we all know g-mail actually archives all e-mails. lol
    Crazy.

    My job experiences have dealt with working with large law firms, so I guess I'm not used to these mom/pop "one-man-lawyer" type of setups.
    I guess I'll look at it like when I have my taxes done. 'Yes, I could sit down punch in numbers and do it myself, however I'll have the peace of mind that someone will be quality checking and make sure things are done correctly."
    I'll probably just go with someone near the local court, at least they won't get stuck in traffic or what not. haha

    If you read this far, thanks. I needed to vent

    #2
    You may be violating BK law by not listing all assets and debts. Please check with your attorney on this. Your trustee may ask for bank statements and your payments would show up.
    regards,
    emoney

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      #3
      I may be mistaken.
      I know it reads like it won't be in the paper work.
      But I took his comment to mean that he would be reaffirming the loan.
      So, in essence the loan will not be affected by the BK
      7/01/10 - filed!
      11/20/10 - discharged and closed

      Comment


        #4
        My apologizes on not using the right terminology. I am NOT looking to get over or hide anything. That's why I'm asking what section would this loan be added too.
        Because I'm assuming the $68 gets added/subtracted to the figures somewhere in the BK paperwork?

        I will also do some research on reaffirming.

        Comment


          #5
          You will have to list that creditor. As far as your other question is concerned - stay away from attorneys advertising on the internet. Look into the yellow pages.

          Comment


            #6
            I was also under the impression that you had to list every single loan, whether it is big or small. I guess the only one I might not list (if I had such a thing) was like, a relative who gave you some money and said that you could pay it back at "any time."

            I think it is a good idea to try to find a lawyer. I would not use one that used hotmail. I would not have considered though whether they had a professional looking web site. I don't think any that I have been to have "official" websites.
            Not all those who wander are lost....

            --J. R. R. Tolkien

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              #7
              Somehow, we did not include a signature loan that we had through our CU. Or at least we didn't have it discharged. We filed last April, discharged in August, and continued paying on that loan through last month, when we paid it off. I wonder if it was missed because it was an automatic deduction from our checking acct each month, nothing we ever got a statement for. At any rate, it posed no problem for us. Good luck.
              4/7/07 Filed Ch7 :unsure:
              6/6/07 341 meeting done :blink:
              8/5/07 last day for objections :yes2:
              8/23/07 DISCHARGED!!! :yahoo::yahoo::yahoo:

              Comment


                #8
                You are required to list all of your creditors. But, nothing in the code forbids you from paying whoever you choose post bk. List the debt and resume payments post bk. No need to reaffirm.

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                  #9
                  IMO, it is never a good idea to reaffirm a debt. If your situation changes post-BK and you are no longer able to pay that debt, you are stuck with it. If it is discharged you can walk away from it. Just keep in mind that if the debt is secured, you will lose the property or have to make some sort of payoff agreement to keep the collateral.
                  I am not a lawyer. My posts are my opinion only.
                  Case Filed: 6/29/07
                  341 Meeting: 8/1/07
                  Discharged/Closed: 10/2/07

                  Comment

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