top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

What's the point of listing $$ owed on a personal loan

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    What's the point of listing $$ owed on a personal loan

    We owe my parents $40K. They honestly don't care if it ever gets paid back - but I've been paying them back a little at a time here or there in the past - none recently though. Without bankruptcy, there's no hope of it ever getting paid back. That's not the reason that we're filing - just saying that after it's discharged, I plan to do everything I can to get it paid back as I can. It's not urgent - they aren't in need of the money - and I guess they feel like, I'm an only child - it's mine one day anyway, so no rush.

    That being said, what's the point in me listing them as a creditor in the bankruptcy then? I guess my original thought was that if I was forced into a Chap 13, I'd want them to be getting some of the money I'm paying back each month. If it's a given that we're going to be in a Chap 7 - we're under median and negative DMI - is there a reason to list them?

    They know about the bankruptcy so there's no harm in listing them though. Just wondering the point if we're definitely a Chap 7.
    04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

    #2
    The reason to list them is that it is required by law. And it's for your protection. Not every family member that loans money is as generous or flexible as your parents. If you leave off a debt to a family member then it will not be discharged and they could subsequently take legal action to collect.

    Additionally, if it's an asset case they are entitled to receive a proportional share of the estate distribution.
    Case Closed > 2/08/2010

    Comment


      #3
      Originally posted by BobMango View Post
      The reason to list them is that it is required by law. And it's for your protection. Not every family member that loans money is as generous or flexible as your parents. If you leave off a debt to a family member then it will not be discharged and they could subsequently take legal action to collect.

      Additionally, if it's an asset case they are entitled to receive a proportional share of the estate distribution.
      Ironically - we may indeed end up being an asset case BECAUSE of a payment I made to them. I paid them $1200 back in December which my atty says may or may not be an issue. She had a case a couple of months ago where the client had given $700 to a relative just a couple of months before filing, and the trustee didn't bat an eye - guess you never really know. If it is, at least I know at least some of that will be distributed to them - more than any of my creditors in reality - as I owe my parents more than anyone.
      04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

      Comment


        #4
        Originally posted by BobMango View Post
        The reason to list them is that it is required by law. And it's for your protection. Not every family member that loans money is as generous or flexible as your parents. If you leave off a debt to a family member then it will not be discharged and they could subsequently take legal action to collect.

        Additionally, if it's an asset case they are entitled to receive a proportional share of the estate distribution.
        Yes Bob is correct (as he usually is), and in your discharge, you will be technically discharged from that debt. This does not mean that you cannot pay that debt or any debt that was discharged. It means that you are not legally obligated to it anymore. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X