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    #1

    Question for my friend

    Well one of my buddies dads is doing a ch. 13. He knows I'm filing and asked me this question, but I don't know the answer so Figured i would ask.

    His dad had a credit card he put about 1500 on it back around august. He didn't pay anything on it at all.. will it be able to be discharged? Or is it one of how does that situation work. He's obviously past the 90 day mark..but will they reject because he made no payments at all? According to him he planned on paying, but got laid off a little bit after he charged... everything piled up so he just decided recently to file. So figured I would ask. THANKS!

    Woops put this in the wrong subject lol. Sorry
    Last edited by Graphic; 01-19-2006, 07:02 PM.
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    #2
    the silly 60/70 day thing is a law that says that the debtor has to prove that he intended to pay. anything after thata the creditor has to prove he intended not to pay.

    its BS. dont worry about it. it makes no difference because if its a lot of money then you aint gonna file soon afterwards anyways if you are smart. so the new law just makes it a little more easier on the creditor.

    anyway, not paying afterwards makes it look bad. but 1500 sure isnt much to worry about anyways. its been long enough. id file if that was the only problem. worst case is he would have to pay partial back so no big deal.
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

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      #3
      Originally posted by Graphic
      Well one of my buddies dads is doing a ch. 13. He knows I'm filing and asked me this question, but I don't know the answer so Figured i would ask.

      His dad had a credit card he put about 1500 on it back around august. He didn't pay anything on it at all.. will it be able to be discharged? Or is it one of how does that situation work. He's obviously past the 90 day mark..but will they reject because he made no payments at all? According to him he planned on paying, but got laid off a little bit after he charged... everything piled up so he just decided recently to file. So figured I would ask. THANKS!

      Even though "fraud" charges are no longer dischargeable in a 13 this small amount in a new law 13 should be ok since they will at least get some or all of it back.

      If he was laid off and still has no income then he won't qualify for a 13. As for a chapter 7 I don't think this would be considered fraud if he charged it while working and then lost his job. If he knew he was losing his job then they could cry fraud, but it seems too small an amount and more then six months to even worry about it.

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        #4
        Alrighty sounds good Thanks as always. Oh and he has a job now, but he got into so many problems within like a 3 month span that he's just deciding to file because he knows it will be too much to try to catch up with.

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