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Account closed after switching to Ch 7 - what does that mean?

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jim44
Established Contributor

Re: Account closed after switching to Ch 7 - what does that mean?


@StartingOver10 wrote:

You can pay any debt (or no debt) that is discharged in bankruptcy after you receive the discharge. As pointed out earlier, it would be a voluntary repayment by you.  It isn't preferential payment. A preferential payment are those payments made prior to filing Bk and they have to meet certain criteria. Here is a good resource on what is a preferential payment (which is not what the OP is considering at all).   Look at this link for details: http://www.nolo.com/legal-encyclopedia/pre-bankruptcy-payments-creditors-can-the-trustee-get-the-mon...

 

As to Ashley Furniture and whether it is a secured debt or not, I don't know for sure. Your attorney would be the person to ask. I know that places like Jared's and Kays have a Purchase Money Security Interest in the items you  purchase and if you file Bk, they want the security.  I don't know if furniture falls into this catagory or not. Here is a good definition, but it is best to discuss with your attorney:  http://www.nolo.com/legal-encyclopedia/types-liens.html

 

 


+1,  I would definitely ask your attorney.  It's wise of you to ask this question.

 

Message 11 of 12
holmesnmanny
Contributor

Re: Account closed after switching to Ch 7 - what does that mean?

All standard debt is dischargeable unless you specifically signed a document when you purchases each item/items that specifically stated they have a security interest in said items. You would probably remember if you signed a document to that effect. 

Pro Se Chapter 7 discharged July 2015
Message 12 of 12
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