I believe what you meant to ask is whether or not the loan in question is dischargeable in bankruptcy. When you say "file on", I don't know what that means exactly. All assets and all debts must be listed in any bankruptcy case. Whether or not they are dischargeable depends on the type of debt and whether they fall under one of the exceptions to discharge set forth in 11 U.S.C. 523.
Debts incurred through fraud are not dischargeable if the creditor timely files a complaint and prevails at trial proving the fraud. Taking out a loan without the intent to repay has at least some of the required elements of fraud. Thus, a loan taken out within 30 days prior to filing a bankruptcy case certainly raises the issue of intent to repay, unless something happened during that 30 days which caused you to file bankruptcy (such as an unexpected job loss).
Whether and to what extent this is really an issue in your case depends on the amounts involved, the pattern of previous loans, and which chapter of bankruptcy you file.
You need to have a consultation with an experienced bankruptcy attorney in your area for more details.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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