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    Money in the Bank

    Just curious about this.. If I have money in the bank on the day I file, and it is 75% exempt then I understand the trustee can take 25%. How does this money then get distributed?

    For sake of conversation, lets say I have $4000 in the bank which means the trustee could take $1000. I have 10 creditors, do they each get $100 or is it divided up based on how much I owe each creditor?
    12.10.2007 Filed CH 7
    01.14.2008 341 Meeting
    03.14.2008 No Objections filed :yahoo: :clapping:
    03.27.2008 Discharge of Debtor :yahoo: :yahoo: :yahoo:

    #2
    ON the day that you file no money will be taken.

    Comment


      #3
      Yes I know that. But what the trustee takes is based on what I had in the bank on the day I file. Just curious how the trustee then decides who gets what.
      12.10.2007 Filed CH 7
      01.14.2008 341 Meeting
      03.14.2008 No Objections filed :yahoo: :clapping:
      03.27.2008 Discharge of Debtor :yahoo: :yahoo: :yahoo:

      Comment


        #4
        Originally posted by BearChaser303 View Post
        Just curious how the trustee then decides who gets what.
        Depends on how much of your assets, cash, etc you can protect with your exemptions. The trustee can't just take something because he/she wants it or thinks you don't deserve to have it. There has to be a reason that is within the law.
        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


          #5
          I know what I'm trying to ask, but dont think I am saying it right... I already know the money in the bank is 75% exempt. I am just curious that if/when the trustee takes the 25% non-exempt funds, how does he/she then determine which creditors get what amount? I probably shouldnt even care, I am just curious more than anything else.
          12.10.2007 Filed CH 7
          01.14.2008 341 Meeting
          03.14.2008 No Objections filed :yahoo: :clapping:
          03.27.2008 Discharge of Debtor :yahoo: :yahoo: :yahoo:

          Comment


            #6
            Originally posted by BearChaser303 View Post
            I know what I'm trying to ask, but dont think I am saying it right... I already know the money in the bank is 75% exempt. I am just curious that if/when the trustee takes the 25% non-exempt funds, how does he/she then determine which creditors get what amount? I probably shouldnt even care, I am just curious more than anything else.
            Well, if nothing else, you can be certain that if any assets are available, the trustee and administration costs will get paid first...

            It may be that you have enough of a "wildcard" exemption left over from somewhere else to cover the remaining 25% and none of it will get taken.
            Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

            Comment

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