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CASH withdrawl time frames and large amounts? Trustee suspicion or..........?

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    CASH withdrawl time frames and large amounts? Trustee suspicion or..........?

    !
    Last edited by theEYE; 12-01-2007, 11:01 PM. Reason: !

    #2
    I don't know that there are hard and fast rules about this - it seems to vary from one district to another and one trustee to another. Are you using an attorney? They can advise you here.

    Comment


      #3
      Originally posted by theEYE View Post
      what are the time limits on cash withdrawals and in particular the amounts that would raise the eyebrows of the trustee handling the chap. 7 im considering?:
      Current law sets the time frame at 70 days before filing for a cash withdrawal and 90 days before filing for credit card charges. The time limits are when the burden of proving you didn't know you were going to file when you borrowed the money shifts from you to your creditor.

      How much money will trigger a trustee's interest varies depending on the reason for the withdrawal and whether it is vulnerable to seizure by the trustee (for ex, cash not protected by an exemption). Typically amounts under $1K will not be investigated.

      Keep receipts for everythign you purchase with the advance just in case and restrict the spending to living essentials.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Live normally prior to filing BK.

        Let your bank statements show you moved money from savings to checking to pay your attny's fee, your auto insurance, whatever. Use your Debit Card so it says Wal-Mart, or your Doctor's Office. Get copies of your checks if your bank doesn't include copies on your bank statements.

        Purchase Money Orders to pay bills and staple the stubs to your bill statements.

        Bank acct statements are very good paper trails of where your money goes.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Originally posted by theEYE View Post
          what are the time limits on cash withdrawals and in particular the amounts that would raise the eyebrows of the trustee handling the chap. 7 im considering? i have some cash in checking account and want to withdrawl carefully without getting a denial in the future. i was planning on doing so in about 90 days. WILL the trustee require reciepts from all that I spend the money on? What about day to day living?
          If these are cash withdrawals from your checking account there's no time limit. Keep receipts and documentation showing where the money went. If you buy anything of value include it in your BK filing as an asset.
          It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

          Comment

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