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Buying motorcycle prior to ch 7

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    Buying motorcycle prior to ch 7

    Is there anything wrong with buying a motorcycle prior to filing BK? It would be financed through a credit card.
    9/22/2009 - officially filed chapter 7
    11/03/2009 - scheduled 341 - COMPLETED
    01/04/2010 - last day for objections
    01/11/2010 - DISCHARGED & CLOSED

    #2
    yes, that would be considered a luxury purchase, which is considered fraudulent and non-dischargable.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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      #3
      i want to keep that debt not discharge it.
      9/22/2009 - officially filed chapter 7
      11/03/2009 - scheduled 341 - COMPLETED
      01/04/2010 - last day for objections
      01/11/2010 - DISCHARGED & CLOSED

      Comment


        #4
        There is a high likelihood unless it was your only vehicle you would be required to give it back.
        Filed Ch 7: 12-31-08 in IL (Equifax) 469
        341: 2-13-09 --- Held and Concluded 538
        Discharge: 4-15-09 - 601 NOW
        I came, I went, I saw, I was discharged. Thank god for this board.

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          #5
          What state are you in? You need to know your auto exemptions. And using a card to purchase it, if you are about to file bk, could be considered fraudulent. You may have to wait a year to file.

          In my state, SC, I have a $5000 auto exemption, and a $5000 wildcard exemption. After discussing it with an attorney, (because I was considering selling my moto to pay for the bk) if I had a motorcycle valued under the exemption amount, I could cover it with the auto exemption, and use the wildcard exemption to cover my car as long as it also was under $5000 and not needed anywhere else. As far as luxury, maybe a motorcycle worth a lot of money is considered a luxury, I dont know. Are you talking about a $20,000++ Harley or other expensive bike?
          http://www.debt-consolidation-credit...play.php?f=177

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            #6
            I will just wait until after I save up money and pay cash for it after the BK. It's only a $7k bike. I don't want to finance anything anymore only my car. Financing is what got me into this mess.
            9/22/2009 - officially filed chapter 7
            11/03/2009 - scheduled 341 - COMPLETED
            01/04/2010 - last day for objections
            01/11/2010 - DISCHARGED & CLOSED

            Comment


              #7
              Originally posted by drowningNdebt View Post
              I will just wait until after I save up money and pay cash for it after the BK. It's only a $7k bike. I don't want to finance anything anymore only my car. Financing is what got me into this mess.
              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.

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