Can they tell family GIFT or LOAN?

[keepmine]

And guys, one other point. Do not involve friends and family in your financial problems. One person dealing with a bk is plenty.
Hang on to those resources for help post bk if you need it.
An uncomplicated Chapter 7 is done in 90-120 days. After that, you can do anything you please. What's the hurry?

If you need help from family, ask them to write a check payable to the lawyer from there account or, buy you some gifts cards at Krogers or put car repairs on there Firestone account,etc.

[eddiep]

Well I guess the only way the court would know for sure whether or not it was a loan is if you list them as a creditor. You must, by law, list all creditors that you owe money to.

We recently ran into a situation that we did not expect regarding loan/gift from family that you may want to keep in mind. My fil lent us money a couple months ago. When we borrowed the money we all thought we would be able to pay it right back, but with a pending bk case we obviously can not. When we explained our situation to fil he was so understanding and told us not to worry about it he is just happy that he could help and we do not have to pay him back! Since the loan mil became ill and is currently in a nursing home and it does not look like she will be able to come home. Well now fil is required to show his financial records for the past 5 years and has to account for any withdrawal over 1K! He is obviously going to have to account for the money he lent us so we have decided to list him as a creditor to protect ourselves and him from the state. I am sure that the state would either come after him or us if we do not discharge this debt in bk. Just something to think about, plan for the unexpected, so if it is a loan, protect yourself and your family and list it as a loan that will be discharged, you can certainly repay the loan once your bk case is over.