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Personal Promissory Note to another person - how affected

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    Personal Promissory Note to another person - how affected

    My husband executed a personal promissory note to an ex-wife for $4000, which is to pay her back for garnishments for two vehicle repossessions. I have included this with my BK paperwork that I am giving to our attorney today, but does anyone know how this will work? Will this a priority or non-priority unsecured?

    Any thoughts?
    Secured Debt $196,500 Unsecured Debt $128,000
    Filed C13 5/29/2009
    341 Meeting 6/22/09
    Confirmed 11/30/09

    #2
    It will be treated equally with all other non-secured debt. After Discharge, he may pay it back to her outside of the bk, but ONLY after the discharge. She will get whatever there is to give of your estate, if anything, equally with the others. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      In addition to 'Hub....you can CHOOSE to pay her the balance of the note after the bankruptcy. Technically, she is an unsecured debt in your plan and she has to take what she gets.

      Good luck.
      Filed - 12/24/08 (Merry Christmas Credit Cards!)
      341 - 2/5/09
      Confirmation - 3/13/09....Happy Dance!!!

      Comment


        #4
        FYI, it's also non-priority debt.
        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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