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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We filed chapter 7, w go to court next week. we bought a new

Customer Question

We filed chapter 7, w go to court next week. we bought a new TV at best buy after we hired the attorney. but before we sent in the paper work. we didn't tell the attorney we bought the set because the old set broke down after we talking to him, ( friggn crappy luck,! ) and planned to keep that card back to pay the Best buy card off with the 1 purchase, ( only purchase on the card) $1,500. on the card.
Anyway we can pay the $1,500 off by barrowing it from a friend. I called the best buy credit card billing dept. and they already have closed the account themselves due to the pending bankruptcy but said I can mail the payment into them, I guess they already knew about the pending chap 7. but said I can make a payment.
Should I borrow the money and pay it off? Also I have not spoke to my attorney and due to we just mover from AZ THEIS WILL BE A FEDERAL BANKRUBSY. Also we live in a mobile home 1971 worth 70k and owe 50k park and own 2 cars 2011 TOY COROLLA paid off and 2011 TOY RAV4 with a lien of 20k on it. no other property or investment.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You likely can reaffirm the debt in your bankruptcy proceeding -- which means that you will keep the debt and pay it as agreed......just as if you never filed bankruptcy at all (as to this debt). That would be your best option.

Expert:  Roger replied 1 year ago.

If you were to borrow money and pay the debt, that would likely look like a preferential payment and the bankruptcy court or the trustee would likely object and demand that the money be turned back over to the bankruptcy estate.

Expert:  Roger replied 1 year ago.

If you're going to try to pay it, you'd be best off to just let your friend pay the debt directly to the creditor......that still make be an issue the trustee makes, but you can argue that YOU didn't repay the money. However, in order to "borrow" the money from your friend, you'd have to get permission to incur you may not want to to that either.