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serious car repair before filing

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    serious car repair before filing

    Hi
    as luck would have it........my car needs an 850 repair (rack) my question is ...I have to get it fixed....I planned on filing BK in august......will that payment be a "preference payment" and can the trustee take it back? I am taking it to a legitimate service garage no friend/family nothing like that. I really really need my car repaired, they can't deny me that can they???? please someone help with an answer I am really scared now, I live in a neighborhood...........its not safe to walk around in

    #2
    I think that is an expense and not a payment on a debt. I have no dental insurance, so I had to pay up front for an emergency root canal. I asked and was told that it is an expense and not a payment on a debt. If you are paying up front for the work to be done, I think you are fine. Maybe someone else knows better though.

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      #3
      Originally posted by MakinMeCrazy View Post
      will that payment be a "preference payment" and can the trustee take it back?
      You are paying for a service, not making a payment on a debt. This is not a preferential payment, so you have nothing to worry about.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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