Ask Experts Questions for FREE Help !
Ask
    perezeddie's Avatar
    perezeddie Posts: 15, Reputation: 1
    New Member
     
    #1

    Feb 1, 2009, 01:41 PM
    Before I file bankruptcy, what do I do about debt owed to father?
    I have been paying my father $500 a month for the past year for a personal loan I owe him. I am about to file chapter 7. We make over $75k but have a tremendous amunt of unsecured debt. I assume the trustee will look at bank statements from the past year. When they see I have been paying my father but not my other creditors, will they come after him for past payments that I have paid him?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #2

    Feb 1, 2009, 02:20 PM

    The issue you address is call a "preference". Check this: "Unlike fraudulent conveyances, which often can not be undone, avoidable preferences can often be “fixed” before a bankruptcy. The issue sometimes arises when a debtor pays back a family member before a bankruptcy case. This is unwise because if a bankruptcy case is filed within a year of the transfer, the trustee can avoid it by taking the money back from the family member and distributing it to creditors in accordance with the priorities of the bankruptcy code."
    Undoing Preferences before a Bankrupcty : Bankruptcy Law Network
    Make certain you are getting competent legal advice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Feb 1, 2009, 06:34 PM

    First they don't have to look at the records, since you will have to list your father as a non secured creditor ( unless the debt is secured and it would be listed as such)

    So you will list each debt, the amount owed and when the last payment was made on all of the debts.
    So they don't have to "find it" you will be required to furnish all of the info
    perezeddie's Avatar
    perezeddie Posts: 15, Reputation: 1
    New Member
     
    #4

    Feb 5, 2009, 02:31 PM

    Fr chuck, and then what

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is Bridgeport Bankruptcy a legit company to file Bankruptcy with [ 7 Answers ]

Is Bridgeport Bankrupty online service a good company to file Bankruptcy. Are there any major reported complaints, like not filing Bankruptcy properly or at all.

On SSDI with HUGE debt. Do I NEED to file Bankruptcy? [ 9 Answers ]

I am on Social Security Disability due to a mental condition which will most likely be declared "permanent" by my doctor. In the past, when I was able to work, I accumulated $80k in credit card debt with the intention of paying it all back. I haven't worked since 2004 due to this condition, but...

Have to get an attorney to go into probate. But we think my father owed the IRS. [ 3 Answers ]

In my previous post I stated that my father had recently passed away with no will. The only thing he owned was a two acre piece of property with a small trailor on it. We checked with the assessor and it only shows the property to be worth about $19000 and the trailor another $3000. I'm not...

Big debt, Need to file bankruptcy [ 3 Answers ]

Ok I really need to file bankruptcy. I am not sure how to go about it or what chapter is right for me to file. I don't even know what I should ask a lawyer about. I will be getting married very soon and I don't want my debt to effect his good credit. We will be signing a prenupt but I really need...


View more questions Search