pulling money out of checking account right before filing

[okiemom2008]

We are filing at the end of February. My husband gets paid this Friday the 20th and we are getting our tax refund directly deposited any day now.

I have appointments with the doctor offices that I have been waiting for our tax refund money to get in so I can go to. The earliest they can get me in is the first week of March.

I am wanting to take some of that money out of the bank and hold it until I go to the doctor and pay them cash. Can I do this? We will be filing before Feb 27th.

Thanks

[dogbone33]

Our lawyer told us not to withdraw cash, that if it was in checking to write a check or use our debit, that way we had proof of what we spent it on. So idk!

[StartingOver08]

When you file, you have to state the amount of cash you have 'on hand' under oath in the petition. That is why the attorney does not want you to pull funds out in cash to hold aside. Can you delay filing for a week or two?

[okiemom2008]

When you file, you have to state the amount of cash you have 'on hand' under oath in the petition. That is why the attorney does not want you to pull funds out in cash to hold aside. Can you delay filing for a week or two?

No we cannot delay. Our lawyer is adament(sp?) that we file no later than the 27th. I dont knnow what to do!

[StartingOver08]

Change the appts for your doctors. Explain what is happening if you so choose.

[okiemom2008]

Change the appts for your doctors. Explain what is happening if you so choose.

I tried that but it is impossible to find a doctor to take a new patient without waiting atleast a week for an appointment. This is so stressful. And to top it off we were suppsed to get our tax refund way back. They are taking so long to deposit them this year.

[okiemom2008]

Change the appts for your doctors. Explain what is happening if you so choose.

Is their a limit as too how much money you can have in hand on day of filing?

Also, do I pull out his paycheck money on Friday? And pay bills with it of course since the debit card transactions wouldtake 3-4 days to post?

[StartingOver08]

I really don't understand then why the attorney requires you to file on the 27th. Is there something that you are trying to avoid? Income increases, moving, etc?

[okiemom2008]

I really don't understand then why the attorney requires you to file on the 27th. Is there something that you are trying to avoid? Income increases, moving, etc?

We need our August income to count and if we file in March only Sept-Feb will count

[StartingOver08]

You are allowed to get a money order to pay the bills. Keep a copy of the money order so you can show where the money went to the Trustee.

As to the limit, yes there is a limit. It must fit in your exemptions. Has the attorney told you how much you are allowed to have in your checking account and still make all of your exemptions work? Anything over that amount goes to the Trustee. He should have given you that figure already so you know what you are working toward on the petition so your checking account exactly matches what he has stated on your petition with NO OUTSTANDING CHECKS.

[okiemom2008]

You are allowed to get a money order to pay the bills. Keep a copy of the money order so you can show where the money went to the Trustee.

As to the limit, yes there is a limit. It must fit in your exemptions. Has the attorney told you how much you are allowed to have in your checking account and still make all of your exemptions work? Anything over that amount goes to the Trustee. He should have given you that figure already so you know what you are working toward on the petition so your checking account exactly matches what he has stated on your petition with NO OUTSTANDING CHECKS.

Thanks. He has not told me how much we can have in our checking account. We are going by Texas Exemptions. I just assumed we had to have a zero account balance on filing date.

On the money order, do you just go to the bank and ask for multiple ones or can you just withdraw money out of a atm and pay the bills with the cash if you keep receipts??

[StartingOver08]

The Trustee will look at your bank statement for Feb at your 341 hearing (not all do, but many Trustee's do look). At my 341 I had received a large check about two days before filing and that check went to two places - the attorney that filed my BK and the IRS. I had to show the bank check copies to the Trustee that I used to pay those two. I was only allowed $100 in my account because I used the rest of the exemptions for assets

I am in Fl and the exemption amounts are very, very small. That is why you must check with your attorney so you know how much you are allowed to have in your accounts. I know you know the Texas exemptions (see below):

http://www.legalconsumer.com/bankruptcy/state_bankruptcy_info.php?st_fullName=Texas

[JoeBankrupt33]

I had to run my checking acct to almost nothing. It was very stressful, becuase I knew that checks and debits would not cash in time. So, I got a money order for my rent, one for my child's daycare, and one for my $299 filing fee. I also withdrew $100 for misc expenses until I filed, like food and gas. Then, I deposited the left over $40 cash into the bank on filing day.

Good Luck!

[okiemom2008]

I had to run my checking acct to almost nothing. It was very stressful, becuase I knew that checks and debits would not cash in time. So, I got a money order for my rent, one for my child's daycare, and one for my $299 filing fee. I also withdrew $100 for misc expenses until I filed, like food and gas. Then, I deposited the left over $40 cash into the bank on filing day.

Good Luck!

Did you just get the money order right from the bank? My banks charges 2.00 for a cashiers check and I have alot of bills that I need to pay with a money order so I am trying to figure out the cheapest way.

[Tbornetun]

Whether it is a tax refund owed, money in the bank, or cash, it will still need to be exempted no matter where it is physically at. Even if you didn't get your refund for many months, that refund was owed to you the day of filing. Either way, you need to find a way to exempt it.