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Another paying back family question

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    Another paying back family question

    We borrowed money from our sister to pay of our 401k loan so we could take out another loan (can only have one at a time) so we could add the attorney payment to the loan amount to pay him. Well after talking to the attorney we cannot pay them back yet (5k) until after all is done. We have filed on 7/1 and have our 341 on 8/17. Will the trustee STILL go after them for that 5k after 8/17? Do we have to wait until it's discharged or will it be ok then? I ask because we told them we'd only be borrowing this money for a month and now it's turning into like 4 months if we pay them after the 341, but they are buying a house and need it like NOW, so waiting another couple of months for the actual discharge might not even be possible.

    Anyone?

    #2
    i think it depends on what you use to pay them back. i think you can't use any money that's "property of the estate" because the trustee is in charge of that until discharge. if you use new money, like a salary from after you filed, then you are at least in a gray area. safest would be to wait for discharge, but if you can't, then you've got to do what you've got to do. i'd wait at least 10 days after the 341 meeting to make sure the UST isn't going to look over anything.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

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      #3
      I wouldn't get in a rush to do so without asking your attorney. Since cash is generally not exempt, you would likely lose it and wouldn't be able to pay anyone until you've accumulated it again anyway. Now if it HAS been exempted (wildcard?) I'd ask the attorney for advice. If it's been exempted, it's yours, and going solely by common sense you should able to do whatever you want with your exempted property.
      Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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