top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Paying before bankruptcy?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Paying before bankruptcy?

    If we are planning on filing BK (which I'm now pretty sure we are) should we continue to try to make payments on the things we are behind on? Are we required to do so? If we don't make payments, will the trustee reject our claim on the grounds that we weren't "trying"?
    What's an acceptable amount to pay? Will anything help just to show that we were honestly trying to work with our creditors?

    #2
    You should talk to a lawyer. The initial consulation is free, so you can ask all the questions you want answered.
    When I filed last year, I had "excellent credit", had never been late even one day on any of my credit cards, mortgage loans, or anything else. The moment I filed, I quit making monthly payments on all credit cards and an RV loan, knowing that I would surrender the RV to the bank. I had about 70K in credit card debts. The money I saved not making that month's payments gave me the cash to pay the lawyer. I continued making the payments on my first and second mortgages and still am. They should allow you to continue making payments on your car, since it probably isn't worth too much more than what you owe, and you need it for work.
    I filed under the old law, so I don't know much about things such as Ch 7 vs. Ch 13 (I filed Ch 13 to keep my house), but I guess if you have enough disposable income, they will put you into a 13. They DO allow for rent, though!!!!! Something to consider. Even mothers aren't expected to "give away" monthly rent....if you know what I mean.

    Comment


      #3
      Yes, talk to a laywer first.

      Always make sure your secured debts--home, car, home equity loan--are paid first and don't get behind on them.
      *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

      My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

      Comment


        #4
        Originally posted by anonymuse View Post
        Yes, talk to a laywer first.

        Always make sure your secured debts--home, car, home equity loan--are paid first and don't get behind on them.
        Yep!

        And utilities.

        Make sure your necessities payments are made. Then worry about Unsecureds.

        There's 2 schools of thought on this subject. One is pay them something, anything you can, just to show good faith. The other is any money you pay, once you know you're gonna file BK is money thrown down a hole.

        Ask your attny. He/She will better know the local school of thought than we will.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X