top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

My father gave me $35k...

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

    My father gave me $35k...

    In January 2006, my father sold his house to my best friend and gave me
    $35k as a gift to help me out financially... since I was out of work and had lots of bills. It was to help me get a new start in life. Well, I decided to invest the money with my friend. So, I gave it to him to remodel the house and he would pay me back within a year with interest. But because I was out of work, the deal was that my friend would pay my bills and give me money when I needed it (subtracting it from the balance).
    Last year, I traveled a lot to Turkey to visit with my husband and his family.
    Which ate up a large chunk of the balance. I desperately tried to find a job, but couldn't.
    By the time I was paid back in July 2006, I only had about $25k left. I used this to get work done on my car and new tires ($4000). The car was still having problems so I financed a new car (another $3500).
    I finally found a job in October 2006, but by that time nearly all the money was gone.
    I need to file chapter 7 because my husband is in the USA, but it will be some time before he'll be eligible to work. And I'm supporting both of us with only $1500 a month. We're living with my grandfather, who wants us out.

    I'm curious... how is that large sum gift from my father going to affect my bk? How do I report it? I didn't spend it friviously... without working for a year, car problems, medical bills (no insurance), traveling to Turkey, financing my husband to come here, supporting him now and for another 6 months...
    I also used that money to pay some of my credit card bills and payments on a judgement debt that I had from a couple years ago. But after January 2007, I couldn't afford to pay them.
    I was going to school in Fall 2006 and this spring 2007. But needing to travel to Turkey for my husband's visa process and the commute to college (1 1/2 hrs from my work), it became too taxing... so I wasn't able to complete the semesters. The federal loans were cancelled and returned to the lender, and now I owe that money to the college. Can that be discharged?
    None

    #2
    The gift from your father should have no impact at all on a bk filing.

    It should not even qualify as income. The lookback period for income is 6 months, and the last of your 35k was gone a few months prior to that.

    The only way this should ever matter would be if you still HAD the money. In that case, the trustee would demand you turnt he funds over. Since it is spent, there's nothing to turn over.

    Just wanna ask dear old dad to hold off on further gifts until you're finished with the bk.

    Generally, bk courts don't care what money you received or spent prior to filing, unless it was in the form of large debts acquired shortly before filing, which is an indication of intent to commit fraud.

    Worst case scenario would be they ask about it. Then you simply state what you wrote here, and that should be the end of it.

    Now had YOU given away 35k in the last couple years, they would be very interested.


    Student loans are almost never discharged in bk. There are hardship discharges, but I believe they are nearly impossible to attain.

    best wishes,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      [QUOTE=DeadManCrawling]

      The only way this should ever matter would be if you still HAD the money. In that case, the trustee would demand you turnt he funds over. Since it is spent, there's nothing to turn over.

      Generally, bk courts don't care what money you received or spent prior to filing, unless it was in the form of large debts acquired shortly before filing, which is an indication of intent to commit fraud.

      ____________

      Actually, this isn't entirely true. I just want to clarify for others reading this post. This must be one of those things that vary by trustee. The court could be very interested in monies you have recieved as gifts, especially in the previous 6 months to filing. In many districts (like mine) although no, it is not counted as income, it would be counted as an asset and you would have to be able to exempt it. If you could not exempt it you would have to pay it back to the trustee, and just because it is spent does not excuse you from having to pay it.

      In this particular case I would think you will be okay because you have been working and supporting yourself since Oct. 06 and the money has been gone since then and will not show up in your bank account. If I were you I would probably try to wait until at least this Oct to file to put a good year between the money being gone and filing. I would also run it by your lawyer without mentioning any dollar amounts just to be sure.
      chap 7 discharge 06/07

      Comment


        #4
        I doubt the money will be an issue.. April of 2006 I had a settlement from a car accident I spent all of due to low earnings and its been a year and now the lawyer doesnt seem to think it is an issue at all.
        Like you I bought things I needed, minus a trip to Turkey. That sounds fun though.
        I married a non American well and brought him here from Asia. It is a costly process, and him not having working permission at first and waiting for our paperwork became a financial nightmare. I can sympathize. I was pregnant to boot with no insurance! Weve been through quite a bit. Best wishes.
        WAM
        ch7 8/07 CLOSED: 11/07 Rebuilding and saving.
        WAMU unsecured $2,000 Capital One unsecured $500
        PAID OFF MONTHLY!!!

        Comment


          #5
          Jesus Christ... I wish my dad gave me 35,000 dollars as a gift.

          Comment


            #6
            Originally posted by mad5289 View Post
            Jesus Christ... I wish my dad gave me 35,000 dollars as a gift.
            no shit!

            will he adopt me!?
            filed ch 13 june 4th 2008
            total payback: 10 G over next 5 yrs.

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X