No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
I paid my dad back on a large loan he had lent me last year ($20k). I'm planning on filing chapter 7, if I make sure the file date is over a year after I paid him back, will he be safe from getting sued by the trustee? I don't even want him to know I'm filing.. so I want to make sure that nothing will come back on him. Has anyone dealt with this situation? Or have good advice?
Welcome. This is one for an attorney for that amount to answer. If you gave the money to keep it out of the BK. Thats fraud. I'll leave it at that. Few hundred bucks no biggie. That amount? Get the legal aspects of the transaction from a law team.
@FireMedic1 wrote:Welcome. This is one for an attorney for that amount to answer. If you gave the money to keep it out of the BK. Thats fraud. I'll leave it at that. Few hundred bucks no biggie. That amount? Get the legal aspects of the transaction from a law team.
+1 This ^^^^
Best advice you could get is from a competent bankruptcy attorney.
@Indebteduser88 wrote:so I want to make sure that nothing will come back on him. Has anyone dealt with this situation? Or have good advice?
I once borrowed $10k from my parents to relocate cross country for a new job and nobody ever knew about it... nothing documented... no promise to pay signature... nothing.
I just sent them a check for $500 a month until it was paid off.
Point being... how would the trustee even know?
@TRC_WA wrote:
@Indebteduser88 wrote:so I want to make sure that nothing will come back on him. Has anyone dealt with this situation? Or have good advice?
I once borrowed $10k from my parents to relocate cross country for a new job and nobody ever knew about it... nothing documented... no promise to pay signature... nothing.
I just sent them a check for $500 a month until it was paid off.
Point being... how would the trustee even know?
@TRC_WA Not to carry on this thread. How long before you filed did this occur? OP was just last year probably under a year. Still its a BK law firm matter.
It was in 2011 when I moved to WA... 6 years before I filed.
I'm not suggesting anyone try to hide anything from the trustee I'm just saying that unless it's a documented transaction how would they even know... When I filed all they got from me was tax returns and paystubs. They never saw any bank statements and the only thing they got related to that was the monthly expense report I filled out.
Anyway... water under the bridge.
OP
Did you pay him back before your financial situation changed?
Personally, I would drag it out another 6 months to be sure.
I think the look back is like 6 months but $20k is a lot of money.
I think 18 months would be good.
How much are trying to discharge?
I would stop paying everything but rent/mortgage/car.
Open up a checking account with a bank you have no debt with.
Start saving cash.
GL!
DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!
I paid him back during the time where I was starting to stop paying my bills, I was still paying some loans and CCs but stopped paying a fee in the month or 2 before I paid him back.
Do you think that will make a difference?
@Shooting-For-800 wrote:OP
Did you pay him back before your financial situation changed?
Personally, I would drag it out another 6 months to be sure.
I think the look back is like 6 months but $20k is a lot of money.
I think 18 months would be good.
How much are trying to discharge?
I would stop paying everything but rent/mortgage/car.
Open up a checking account with a bank you have no debt with.
Start saving cash.
GL!
I agree with everyone except the "open a new account"...if you bank with a CU - absolutely make that the first thing you do, CU's have a cross collateralization clause that allows them to offset any losses from your accounts, banks rarely do this (I know for a fact Chase and WF do not do this...if you google WF you'll see all kinds of stories about them doing it in the past, but that was years ago)....my Chase and WF account weren't touched during my 13 and I IIB'd Chase for $$,$$$ (guessing 30-40K) ... heck Chase didn't even file a claim with the court so they got paid $0 in my 13
@Lurker22 wrote:
@Shooting-For-800 wrote:OP
Did you pay him back before your financial situation changed?
Personally, I would drag it out another 6 months to be sure.
I think the look back is like 6 months but $20k is a lot of money.
I think 18 months would be good.
How much are trying to discharge?
I would stop paying everything but rent/mortgage/car.
Open up a checking account with a bank you have no debt with.
Start saving cash.
GL!
I agree with everyone except the "open a new account"...if you bank with a CU - absolutely make that the first thing you do, CU's have a cross collateralization clause that allows them to offset any losses from your accounts, banks rarely do this (I know for a fact Chase and WF do not do this...if you google WF you'll see all kinds of stories about them doing it in the past, but that was years ago)....my Chase and WF account weren't touched during my 13 and I IIB'd Chase for $$,$$$ (guessing 30-40K) ... heck Chase didn't even file a claim with the court so they got paid $0 in my 13
Nowhere did it say anything about opening accounts nor what CU's do if you file. That was your case you exlained. No case matches. Lets keep it on topic which has been addressed. The OP needs legal advice that we can not give unless we hold a law degree. I'll ping my pal @despritfreya who is a BK Attorney and will get a more in depth explanation.