To pay or not to pay?

[southernbelle]

[CityGirl]

For a 13, it doesnt matter when you file. You'll be paying back everything you possibly can pay. Creditors really only look at recent purchases on a chapter 7 BK. Don't pay the unsecured, but file right away. Even if the creditor has a problem with it, it'll just become a debt that has to be paid first before your other unsecureds.

[lrprn]

For a 13, it doesnt matter when you file. You'll be paying back everything you possibly can pay. Creditors really only look at recent purchases on a chapter 7 BK.

Be careful, CG. Just because your lawyer said it didn't matter in YOUR local bk court doesn't mean it doesn't matter in ALL bk courts and districts. The law regarding scrutiny of recent loans and purchases made in the last 90 days before filing is the same for Ch 13 as it is for Ch 7.

Why should SB take the chance that she might have to pay back the ENTIRE LOAN AMOUNT when waiting to file removes the potential objection? If she can wait, she should wait, particularly since her lawyer advised her to wait. SB's lawyer is aware of how a recent loan will be treated in their court or district - obviously loans within 90 days of filing are an issue there.