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New bankruptcy laws: how would payments now impact a judge's decision?

Discuss the legalities of Bankruptcy Law

New bankruptcy laws: how would payments now impact a judge's decision?

Postby dubh35 » Mon Dec 12, 2011 9:07 am

Last night a creditor told me that, if I was considering filing bankruptcy (I am), it would make a judge look more favorably on my case - in other words, more inclined to grant me bankruptcy - if I showed greater attempts at payment at this time.

My question: is this true, or is the exact opposite true. Would the judge be less inclined to grant me bankruptcy if I made a small payment at this time?

Thanks.
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New bankruptcy laws: how would payments now impact a judge's decision?

Postby toryn34 » Mon Dec 12, 2011 9:11 am

You have to consider the source - a creditor who is trying to get you to pay them. Creditors have a bad reputation for a reason.

I don't know that making a payment will affect your bankruptcy or not. Seems to me, a lot more would depend on the type of debt, the type of bankruptcy you want to file and your ability to pay.

I'd tell the creditor: "That's good to know. I'll be sure to ask my bankruptcy attorney about it." Then ask your bankruptcy attorney. If you are considering bankruptcy, it's probably worth it to go sit down and have a consultation with a bankruptcy attorney.
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New bankruptcy laws: how would payments now impact a judge's decision?

Postby darrell » Mon Dec 12, 2011 9:19 am

BK is bad, no matter what. But the creditor wants his money and will tell you anything to get it. The creditor would rather get their money before you file BK. Under BK, your creditors may not get all that is due them.

To file BK, you have to prove that your financial condition warrants a BK under either Ch7 or Ch13.
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New bankruptcy laws: how would payments now impact a judge's decision?

Postby ezri » Mon Dec 12, 2011 9:31 am

Creditors will tell you anything to get at your money.
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