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Post BK - paying back family loan?

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    Post BK - paying back family loan?

    With Chap 7 protection are you protected from being sued in small claims court over a family or friend loan. The loan was documented informally as a promissory note and signed long before my Chap7 ruling. I intend to pay them back but it won't be anytime soon. I just need to know if i can use the BK to quiet them down.

    #2
    LEGALLY, you no longer owe the debt, but think long and hard before you screw your family. Sounds like they were nice enough to lend you money, I'd pay it back ASAP
    Filed Pro Se- 12/15/2009
    341- 2/17/2010
    DISCHARGED- 3/18/2010

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      #3
      Include the loan in the BK, it will be discharged when you are discharged.

      Yes, you can voluntarily repay anyone you choose after your BK in your timeframe. Since the debt is discharged, they can not drag you into court to compel you to pay. In fact, if they do hassel you for payment after your filing and discharge they could be made to pay sanctions and fees to you. (Of course that would really put a crimp in the family relationship...)
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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