Cashing a check at a bank..

[HHM]

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.

Ok, I see, but if you let the case go to dismissal in this way, the next time you file, you are going to have to rebut the presumption that your subsequent filing is abusive. When you refile, the court automatically lifts the automatic stay 30 days after you file. Thus, you have to file a Motion with the court and "prove" to the court that your re-filling was made in good faith (and since your refilling is arguably for you to get this check, cash it, and use the money to NOT pay your creditors, that may be difficult to to).

[freshstart06]

I haven't read the entire post but can you have sign the check to someone else and then they give you the money??? Is there not a check cashing place in your area even if you have to drive to a not so good area. How would they know you cashed the check by other means???

[familyof7]

Actually if your case gets dismissed due to non payment of the fee or for not producing the documents on time then there would not be an issue to re file I would take the money from that check and use some of it to hire an attorney to refile your case in a few months.

[familyof7]

They would just look at it as someone who filed pro se and did not know what they were doing MOST LIKELY anyway as I am not a lawyer so I am not sure but from what I understand

[Logan]

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.

I still want to know why they're asking for 2 years of credit card and bank statements. Sounds fishy to me. Did you not file taxes?

[aberham]

Actually if your case gets dismissed due to non payment of the fee or for not producing the documents on time then there would not be an issue to re file I would take the money from that check and use some of it to hire an attorney to refile your case in a few months.

Yea that was my take on if I did not attend the next court date or I did not pay the filing fee. I do plan on going the lawyer route if/when I refile. I'm exploring the option to sign my check over to someone and then have them give me the cash but the few people I've talked to about it seemed sketched for some reason. I mean the check is LEGAL and valid it isn't like it is some money that was stolen or something. Because of the check amount I'm not sure if I have to be present when they cash the check and show ID or what? Is it reasonable to think I can just sign it over to say my brother and have him deposit it into his account without a trace of it going back to me? Like I said earlier, the stock account already shows that this check was debited back in December, so when it is cashed at least externally in their system it won't show up. My understanding is that the checks cashed places won't be able to cash a check of this amount? I could be wrong and I'll have to check around my area to see if thats true.

Anyway thanks for the responses, I appreciate the advice so far. Also I'm not sure why they requested 2 years of credit information. I racked up about 100k of debt inside of a 2-3 month period due to some mental issues that I was going through. I also have some tax debt from 2003 that I listed on the bk.

[HHM]

I racked up about 100k of debt inside of a 2-3 month period

That is your answer right there...with that amount of debt in such a short period, your case was bound for further scrutiny.

Also, take this for what it is worth, if the case is dismissed for not complying with the request of the trustee, that is bad...and you will have to explain that issue when/if you refile. Even if you don't pay the filing fee...you still have to present to the court your explanation of why you didn't pay the filing fee in order to overcome the presumption of abuse that attaches when you refile your BK.

[Logan]

I would just rip up the check...who cares, you're about to discharge 100K....what is 4500 dollars?

[emoney]

When the FBI, which invisgates BK, fraud knocks on your door rembember the Fifth Admendment.
emoney

[SinkingFast]

I still want to know why they're asking for 2 years of credit card and bank statements. Sounds fishy to me. Did you not file taxes?

The Court is looking for evidence of BK Fraud.

Did the OP run out and run up a ton of debt in a very short period of time on the CC's. Possibly while taking large amounts of cash out of the bank??

Or, did the debt build steadily over the course of time. Was flow of money into and out of the bank acct "normal course of business" transactions.

[CindyLou]

Cash the check at the bank of issue. Checks are good even if they say "expired". Anyone can print "expires in 90 days" but the bank does not have to honor that. In fact if it is past 90 day the company that wrote it will reissue the check. Cash is and then answer any questions honestly at your 341 or wait until after the 341, get the check reissued, cash it and move on. I had a payroll check that I lost (800 dollars) 3 years ago. Husband found it while moving and deposited it without telling me. Anyway, I freaked. Called the bank of issue and they told me that a business check it good as long as the account it opened. Period. Never heard another word about it.

[chpxiii]

aberham, of course people are going to be "sketchy" about having you sign the check over to them and cash it for you under the circumstances. They're not going to want to be involved in what could be seen as bankruptcy fraud. And frankly, quit trying to drag other people into your deceptions. I know you're desperate for money, but you're taking some very wrong actions, regardless of the circumstances. If you have to go without, then you have to go without. You're already being investigated, and seriously, from what you've been posting, I'm not surprised.

[technoreid1]

How would the court know about the check anyway? Why would they ask? And how would they find out?

Sorry, but I am a little confused....

I would at least tell your lawyer for sure.

thanks, techno

The Court is looking for evidence of BK Fraud.

Did the OP run out and run up a ton of debt in a very short period of time on the CC's. Possibly while taking large amounts of cash out of the bank??

Or, did the debt build steadily over the course of time. Was flow of money into and out of the bank acct "normal course of business" transactions.

[CATCHMEIFYOUCAN]

Catchmeifyoucan here .. just my 2 cents after reviewing this post .. sounds like your already being investigated .. i wouldn't touch that check with a ten foot pole .. let things ride out .. wait until AFTER you get discharged (if you make that far!) .. if the Trustee asks about THAT stock account .. ponder a bit .. than tell the Trustee you "forgot about it simply because you hadn't had that account open long enough to remember about it."

my second 2 cents .. IF you find a way to cash that check some how .. than use the money to pay the lawyer .. IF the trustee asks what you did with the money (if he finds out - well, you paid the lawyer with it.) worst comes to worst you'll just be owing the Trustee a little more money.

This is just my 2 cents.

Good Luck to you whatever you decide. Catchmeifyoucan

[pa308]

How would you go about getting 2 years worth of credit card statements? The ccs you are bking probably wouldnt be too helpful unless it was to their advantage. i know i dont have two years worth of credit statemets