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New business/Pre-Discharge/Will court approve it?

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    New business/Pre-Discharge/Will court approve it?

    This is a modification of the title from a prior thread. Hopefully it is a little clearer.

    The trustee and Court have approved my motion to modify payments at 100% of my plan and adjusted them from 2100/mo to 100.00/mo through May 2010(end of 36 mo).
    I now have an opportunity to purchase assets of a business that will involve me signing on a loan for 450,000. Will the Court approve this since I am pre-discharge but paid off on the plan? Thank you in advance. Chris

    #2
    No one can really answer that but the trustee and judge in your case.

    They could. Since you are paid off at 100% I can see it being possible. File a motion to incur debt and see what happens. Simple as that.
    Filed CH13 - 06/2009
    Confirmed - 01/2010

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      #3
      Thanks FG - I will do that. I wish I could know in advance whether the courts do this kind of thing at all. I think it is usually approved to fund essentials such as a car loan vs. a new business venture. Regards,Chris

      Comment


        #4
        Originally posted by c2c2c2 View Post
        Thanks FG - I will do that. I wish I could know in advance whether the courts do this kind of thing at all. I think it is usually approved to fund essentials such as a car loan vs. a new business venture. Regards,Chris
        To be honest, it doesn't come up very often.
        1) Most people don't pay off at 100% early
        2) Most people can't get financing for a new business while still in BK.

        There is a good chance the judge in your case has never had to ponder the matter before.

        Edit: Its impressive to be under the median income, be able to pay off all your debts early, then get a $450,000 loan to start a new business. congrats.
        Filed CH13 - 06/2009
        Confirmed - 01/2010

        Comment

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