filing chapter 7 and a few concernes

[bigtim6656]

I am a month out of filing and have a few concerns.

One is I will be getting a student loan in late sept for college. Do I need to spend the money paying my bills and such and then file, file and spend the money on my bills and such. Or file and hold onto the loan till I go to court.

The second, I know they can come back on you a year after filing. my parents are starting a business and in 6 months to a year I will be working in the company making money. If in 1 year after filing and being discharged can they come back and make me repay the debts???

[anime-chicka]

Who is "they"? Creditors? Once you're discharged, the creditors are in an automatic stay. They can try to collect or send the debt to a CA. In that case, you can either tell them to go pound sand since the debt has been discharged and can't be collected, or if you used a lawyer, let them know and they can go to bat for you (for a fee of course). The only way someone can come after you is if someone leaves an inheritence to you within the first six months after discharge. The trustee will want that money to pay back the creditors. If anyone is telling you that "they'll" come after you, they're full of it. I think the only other way they can "get" you is if the creditors file an AP, but even then, they have a limited time to do it. After the discharge, they're screwed.

The purpose of a Chapter 7 bankruptcy is to wipe clean your debts if you're insolvent.

As for the studen loan, I don't know, but I'm sure someone will chime in on that.

[kartoons19]

As far as student loan disbursements, it all depends on your state's exemptions. Where I live we do not have an exemption for cash, so I used the money to pay bills before filing. I had less than $10 in my account and on hand before filing. Hope this helps.

[bigtim6656]

My understanding is should I come into money the trustee can request it to pay for the debt. Does this count if I get a good job or does it have to be like an inheritence

Who is "they"? Creditors? Once you're discharged, the creditors are in an automatic stay. They can try to collect or send the debt to a CA. In that case, you can either tell them to go pound sand since the debt has been discharged and can't be collected, or if you used a lawyer, let them know and they can go to bat for you (for a fee of course). The only way someone can come after you is if someone leaves an inheritence to you within the first six months after discharge. The trustee will want that money to pay back the creditors. If anyone is telling you that "they'll" come after you, they're full of it. I think the only other way they can "get" you is if the creditors file an AP, but even then, they have a limited time to do it. After the discharge, they're screwed.

The purpose of a Chapter 7 bankruptcy is to wipe clean your debts if you're insolvent.

As for the studen loan, I don't know, but I'm sure someone will chime in on that.

[sunshinepa]

Many people on this forum have gotten better jobs after discharge.....from my months of reading and learning here I believe it is just inheritance or lottery winnings, things of that nature.

Job income for filing is just that, time of filing and trustees are not going to go back after a discharge in BK and look at filers income.

[keepmine]

My understanding is should I come into money the trustee can request it to pay for the debt. Does this count if I get a good job or does it have to be like an inheritence

Don't know where you're getting this nonsense but, only 3 situations post discharge where a trustee would have any claim and a new job isn't one of them.

http://doney.net/bkcode/11usc0541.htm

[bigtim6656]

I see got to say filing and then winning the lotto would suck. Ofcourse you got millions but your credit still says bankruptcy.

My understanding is should I come into money the trustee can request it to pay for the debt. Does this count if I get a good job or does it have to be like an inheritence

Don't know where you're getting this nonsense but, only 3 situations post discharge where a trustee would have any claim and a new job isn't one of them.

http://doney.net/bkcode/11usc0541.htm

[bigtim6656]

also got another one, My dad is a disabled vet and I get a monthly check from the VA to help pay for my school and such do I need to claim that money as income?

[anime-chicka]

My understanding is should I come into money the trustee can request it to pay for the debt. Does this count if I get a good job or does it have to be like an inheritence

Don't know where you're getting this nonsense but, only 3 situations post discharge where a trustee would have any claim and a new job isn't one of them.

http://doney.net/bkcode/11usc0541.htm

Word.

Listen to those who know, not those who think they know. Like I said, whoever told you that is full of it.

BTW, I got a promotion this year, and I didn't have the trustee come after me.