New here...question about receiving a gift before discharge

[Wilson]

Hi-
So, we are officially filing for bankruptcy today. Today will be our petition day. We are surrending our car because we cannot afford the payments after my husband lost his job for over 6 months. Now we are facing a medical crisis with one of my kids. Anyway, my question is my husband's uncle has graciously offered to purchase us 2 new cars. We need them desperatly now because my husband needs to get to his new job and we have to rent a car in the mean time. If my uncle-in-law purchases us the new cars BEFORE the trustee meeting (the 341 meeting, I think?), can the trustee take the cars from us? We don't want to wait to get the cars, but we will figure out a way if we have to?

Do we have to wait the full 180 days after filing or just until after the trustee meeting to be safe?

Thank you very much for your help!!

[lrprn]

Since you are filing Ch 7 today and the purchase is coming after today, it won't matter. The cars will be in your uncle's name anyway. Are you going to be able to make the car payments after your case is over? Or is the uncle purchasing the new cars in full?

You mentioned one of your children is having a serious medical crisis. Is there some reason you two couldn't wait until the medical crisis was farther along so the medical bills could have been included when you filed?

[LuciluS]

Medical bills are the MAJOR reason we are having to file Bankruptcy. Attorney wanted us to file in Dec. 08 and I procrastinated because I wanted to do some research and So Thankful I found this forum.

I just was diagnosed with Skin Cancer in February, had surgery two Mondays ago and now will need another surgery. We stopped paying our credit cards in September 08. Yes, we are getting notices from collection agencies. Attorney said ignore them and wait until they file something in Court, then he will File something to keep it in the Courts until at least September 09.

I will not file until I get an All Clear on my Skin Cancer. Medical bills can add Very Quickly. IMHO, I'd stop the filing if you have Serious Medical Problems with a child.

Luci

PS Yes, I have medical insurance and so does my husband; however, since 2005 (I was in car wreck & hubby had 5 by pass surgery 2/07 & pacemaker in 6/07) we have spent at least $14,000 a year in medical bills and prescriptions.

[Wilson]

Since you are filing Ch 7 today and the purchase is coming after today, it won't matter. The cars will be in your uncle's name anyway. Are you going to be able to make the car payments after your case is over? Or is the uncle purchasing the new cars in full?

No, my uncle doesn't want them in his name (too many tax implications) so he advised us to just file right away so that he could get us the gifts of the cars. Any advice as to how to get around that?

So, if we file now and the cars are in OUR names, can the trustee take them from us. It's confusing that it might be taken along with inheritances, and life ins. money for the 180 days following the filing.

[Wilson]

I suppose we are so overwhelmed already with credit card debt that we just want those to be gone and we have to foreclose on our house right now anyway. We have thought about the medical bills piling up and are looking into applying for medicaid or our state's (IL) All Kids plan to cover our out of pocket expenses. Thanks for your advice, def. got me thinking some more.

[MiSSMaGoo]

If your uncle doesnt want them titled in his name, is there anyone else that would do it for you for the time being? The car we use is titled in my moms name b/c we borrowing it til we can get something. And to my surprise one of the only two questions the trustee asked us was about our transportation and clarified if the car we were using was just that or if there was a loan on it even with someone elses name on it. After I told him the title is in my mothers name and we're borrowing it he said okay sounds good and that was it. Sorry I know kinda off the subject but just letting you know incase you do have titled in someones elses name so you would know they might ask that cuz i was caught off guard.