Question I used a family members credit card for the last year and made the minimum payment each month just like i did my other credit cards will the trustee look at this as preferencal treatment when i file chapter 7 ?
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I suggest to consult an attorney... I was in the same situation but we just did not mention that anywhere. I was also making the payment directly to the credit card and not to my mother.BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
Scores: EQ 745 EX 704 TU 710 as of 08/15/2012 -
I agree with Amy. It was not a loan of money as you paid it back yourself. It is not preferential because the card owner got no benefit of you using it. It is tantamount to you paying cash with a delay on the transfer of your money to anthers card used like a tool. I would not consider it or mention it, but do ask your lawyer. 'HubOriginally posted by Amy26 View PostIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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The OP has created a debt that is technically due to the family member and thus the debt should be listed, unless the debt has been fully paid.Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -RickComment
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My lawyer agrees with Ohiofiler. I have a credit card that is in my mothers name and I was told I would have to list her in my bankruptcy but that I could choose to continue paying it.Comment
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i have a cc from my moms acct.. out of 3 attys i consulted with, 1 said to list, 2 said not to list. the card did have a zero balance, was just for emergencies. i didnt list and am past 60 days now with no probs, acct was not closed either.Comment
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There was a zero balance so no debt existed. BK is about discharging debt not discharging authorized card user status.Originally posted by MrSmithster View PostWell, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -RickComment
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