top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Im filing Ch7, wife hit poker jackpot, what happens to it

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

    Im filing Ch7, wife hit poker jackpot, what happens to it

    I'm filing Chapter 7 bankruptcy. I am married, however none of my debt is in my wife's name whatsoever. She is not filing bankruptcy.

    I'll be filing about $230,000 in debt. $30,000 is in business taxes (principle only) that cannot be discharged, and will likely be setup on a payment plan.

    Very regrettably, about $80,000 of the "to be discharged debt" is to my father, which we plan on paying back regardless of its discharged status. This is the most painful part of this situation to me and my wife. All of us saw my father's investment as relatively safe.


    My wife had $30 left over in an online poker account. Without giving many details, it's one of the top 5 sites. It's trustworthy, legitimate, and backed by several of the best known poker players worldwide. (It's offshore of course.)

    She ran it up to around $4,000 - and last month hit a jackpot hand that paid $50,000.

    We are not in a community property state.


    My wife and I decided we would love for that money to go toward my father. He doesn't need the money immediately, just for the long term.

    What happens to it? What do we do? Can we have them send it to her by check, have her deposit it into a checking account with only her name in it, pay the taxes on it, and give the remaining amount to my father? Should we instead wait until the bankruptcy is filed and completed? Should we do something else?
    Last edited by phoenyx; 03-09-2008, 04:17 PM.
    Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
    Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

    #2
    Sure... anything can happen if your proceed with careful planning & caution. Just don't leave track & foot prints...

    Comment


      #3
      Originally posted by phoenyx View Post
      What happens to it? What do we do?
      You said that the gambling account is in your wife's name, not yours, and you are the only one filing bankruptcy in a non-community property state.

      Given the information you've provided, the account and therefore the winnings in it are in your wife's name, not yours. She is free to do whatever she wants with that money whenever she wants to do it.

      Of course, run this by your own bankruptcy lawyer (or during your 3-4 initial consultations with experienced bk lawyers in your area) before doing anything. I'm not a lawyer and could be off base here in my thinking.
      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
        Thought up one more issue. Since it's me who owes my father, not my wife... If my wife gives this large of an amount to my father, does that have to be treated as a taxable gift to him? Or is he able to still classify it as a repayment toward a loan, but from a different person, and not pay tax on it?
        Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
        Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

        Comment


          #5
          You are allowed to give up to $12,000 annually to anyone and NOT have to pay gift tax on it. http://www.irs.gov/pub/irs-pdf/p950.pdf
          Petition Filed 6/4/07 :clapping:
          341 meeting 7/31/07 :clapping: :unsure:
          First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
          10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:

          Comment


            #6
            Married ; just me filing bankruptcy ; can we file taxes jointly?

            Thanks for everyone's responses.

            Another question... Can we file our taxes as "married, filing jointly" to get the larger deduction against the gambling winnings? As previously stated, I am filing bankruptcy, and she isn't.
            Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
            Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X