Cashing a check at a bank..

[ProSefromCA]

I agree with HHM. I personally wouldn't take any action on that check right now. I think you should consult your attorney about it.

[familyof7]

When are you set to discharge

[nosrus77]

Actually, I was a bank manager up until about a month ago, and if it were someone that we didn't know and wasn't a customer at our bank or didn't normally have those large amounts, we filled out a CTR and logged it if it were over $3,000. That was at teller and manager discretion, so, if you're friendly at your local bank and they don't find it odd that you have a check for that amount, you might be okay.

I do agree, you're probably already screwed in the fact that you've hid it. Just pray they don't pay close attention or request records from your bank.

Good luck!

[freshstart06]

I hate to say this but why not say you lost it and see if you can get another one issued, it will have a new date on it.

[BKTango]

I hate to say this but why not say you lost it and see if you can get another one issued, it will have a new date on it.

He can't or rather he shouldn't do that. He's already basically commited a huge bk no-no for hiding the account and then hiding the money from his lawyer and the bk court. So lying to have another check issued, so he can get the money will be adding another lie on top of lies....and should he ever be found out, well you get the idea.

I say just sit tight and pray they just go on past you and never do a turn around. You are already past your 341 so right now time is your best friend.

[Logan]

Actually, I was a bank manager up until about a month ago, and if it were someone that we didn't know and wasn't a customer at our bank or didn't normally have those large amounts, we filled out a CTR and logged it if it were over $3,000. That was at teller and manager discretion, so, if you're friendly at your local bank and they don't find it odd that you have a check for that amount, you might be okay.

I do agree, you're probably already screwed in the fact that you've hid it. Just pray they don't pay close attention or request records from your bank.

Good luck!

What is a ctr?

[wayne-o]

currency transaction report. Required for amounts over $10,000 but often filled out for lesser amounts.

[Logan]

Who does the CTR get sent to and how would the trustee find it?

Logan

[magyar123]

If the check is 5 months old the issuer has probably already placed a stop payment on it. Most business checks have a little comment "Void after 90 or 120 days" printed on the check, and you couldn't cash it anyway. If it was a personal check from a friend or relative. give them back the check and ask them to give you the cash.

[emoney]

From your statements it appears that you have commited several criminal acts. Under the new BK law your attorney acts some-what like an agent for the court and you may not have an attorney-client protection.
As I see it you have two choices, the first is to contact a criminal attorney and get their advice on what to do or do nothing and for your sake quit broadcasting your criminal behavior to the world.
regards,
emoney

[aberham]

I'm just gonna stop the bk I think and wait for at least 6 months will that be enough? As far as broadcasting this I'm just trying to figure out what to do. I realize that I've already screwed myself somewhat but you don't understand all the circumstances regarding my situation. Thanks for the replies but if I withdraw the bankruptcy and then post the check to my account and wait for 6 months to file again will that be technically fine? The check is good still, I already talked to the company that issued it but it won't be good in a few weeks, I think I can still try to get it reissued.

[familyof7]

That would be the SAFEST thing to do is stop the bk and refile in 6 months or so and report it then put the date of issue on it when you refile I think that is best but you probally loose the money you gave the attorney already

[HHM]

Good luck on trying to "stop" the BK. There is no sure-fire mechanism for volunatary dismissal of a chapter 7...the trustee has to agree to dismiss your case in a chapter 7. Some trustee's are easy going, and will do so, other's are not.

[JRScott]

You've already had your 341 its going to be real hard to get your BK case dismissed most likely.

Also keep in mind that if it is dismissed some debts can not be relisted in some cases, at least that's what I've read. So I would really consider what to do.

This is a tough situation you've gotten yourself into. I'm not full up on everything but it might be best to surrender the check to the Trustee, you can amend your original filing I believe still to reflect it. Take it to your lawyer and see what he says. Tell them you forgot about it or had misplaced the check and recently rediscovered it. I think if you brought it forth rather than allowing the trustee to potentially discover it would be better.

[aberham]

Good luck on trying to "stop" the BK. There is no sure-fire mechanism for volunatary dismissal of a chapter 7...the trustee has to agree to dismiss your case in a chapter 7. Some trustee's are easy going, and will do so, other's are not.

At the meeting I was told the case would be adjourned in two months and I would have to reappear unless I had submitted all the paperwork they had requested, which was the past 2 years of credit card statements/bank statements. I believe I was told that if I did not have those in order by the next court date then this case would be dismissed, I also have NOT paid the filing fee yet. I don't have a lawyer and while I agree that I should retain some legal advice I don't have any money except for this uncashed check sitting on my table.