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Took out personal loan in May, made 3 payments?

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    Took out personal loan in May, made 3 payments?

    I took out a personal loan to try and make ends meet....stupid I know, have made May, June & July Payments. Is there a time period that I need to wait before filing Chapter 13? Should I continue making payments on this specific debt for a couple of months?

    #2
    You can file a Chapter 13 just about anytime because debts are treated differently in a Chapter 13. From my experience, most debts that you incur shortly before filing that are for the health and safety of your family/dependents/self are almost never an issue. The bankruptcy code reads that there may be a presumption of non-dischargeability if you have obtain or use credit within 90 days of filing for "luxury" purchases. Buying food and paying rent is not a luxury. This doesn't mean that a creditor won't complain.

    Are you filing or plan to file with an attorney? You can review this question with them. Otherwise, you can lean on my personal experience. I haven't been hit with this and I obtained one of those high-interest personal loans, for $1,000, just weeks before fling (about 4 weeks), so I could survive. Not a peep from them. (Of course, your mileage could vary.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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