QUESTION

Will taking out a bank loan to pay off my student loan make it easier to file for chapter7?

Asked on Sep 15th, 2012 on Bankruptcy - Louisiana
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Bankruptcy Attorney serving Burbank, CA
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No.  Eligibility for filing Chapter 7 has nothing to do with how much debt you have.  In fact, if you incur a debt in contemplation of filing a bankruptcy, that is fraud, and the creditor can object to the discharge of that debt on that basis. That having been said, if you make payments on the bank loan for a few years, and then you have a change in circumstances (job loss, change of income) and file bankruptcy,  you may be able to discharge the debt at that point.  The key is what the creditor can prove your intent was on the date you took out the loan you are trying to discharge. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  
Answered on Sep 17th, 2012 at 2:34 PM

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