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Chapter 13 and Possible Finance, Rise Credit

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    Chapter 13 and Possible Finance, Rise Credit

    Two part question: I heard a new loan within 90 days of filing can be problematic . I had a new loan with Rise Credit May 16 that raised a concern in my consultation but since I refinanced their existing loan I had plus some $$ it is probably ok. anyone have experience with this and that creditor. Also has anyone had problem with Possible finance in a chapter 13? I dont think its considered a real loan since its short term as in pain in 4 paychecks and obviously its a new loan. Should i just go ahead and make the payments on them just in case? I have not filed yet. I pay the $310 fee next friday when I am paid

    #2
    Generally speaking, it will not be problematic in a Chapter 13. In fact, there is nothing problematic about a loan within 90 days of filing. The problem is paying some creditor more than (about) $600 within 90 days of filing. This is not an issue for Chapter 13s because Chapter 13 Trustee don't generally do a bunch of litigation to recover for the bankruptcy estate. It's too complex to discuss since you're not in or filing a Chapter 7.

    While I appreciate that you're trying to learn a lot bout bankruptcy, be careful just reading random things on the Internet. Bankruptcy has a variety of rules that don't apply to every case and some are very specific to a debtor (also known as debtor-specific facts). I suggest that you lean on your attorney more for answers, but you may also ask questions here on BKForum.

    I don't see you having any issues with any creditor. The usual creditors that complain in a Chapter 13 are auto lenders and creditors holding the note for a mortgage. It's typically regarding the interest rates.

    You can relax. You have filed. The key to a Chapter 13 is keeping the Trustee happy. You do that by making on-time payments to the Trustee and keeping your head down low (not violating any rules).
    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.

    Comment


      #3
      maybe my attorney was being overly cautious, i am definitely not paying any creditor over $600 lol

      Comment


        #4
        Yes, probably just cautious.
        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.

        Comment

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