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Cash Advances - how much is too much?

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    #31
    Fltoo...thanks sweetie, I know you were your the one that made me feel alittle better

    Originally posted by fltoo View Post
    This is exactly what I was referring to READY. I was addressing scaring the hell out of people who take cash advances before filing. Simply, the rule of BK law applies whether the intention to pay back or not was there.

    Also, why I keep saying I don't advocate fraud...

    btw, you can't be ready to puke anymore since you have gleaned all this knowledge about BK. Don't be scared to death, just handle the timing
    and you will be fine. Ask the mods if you can put a NOT before your moniker? Then you can be NOTREADYTOPUKE. LOL

    You and I are the same age btw, when did we get so old?

    Honestly, though, it is no big deal. I had a $14,000 bal trans into checking trying to save a business before I filed. I made 3 payments on it. I waited and it was not even an issue with the creditor or trustee.
    Not putting you in that boat lol... your 14k looks small compared to mine. All three off my biggies are over 20k..
    BTW how long did you wait.?
    also we are not old yet? lol
    LOL as far as the moniker...yet cant do that yet...still on the verge..not as bad tho as this forum has really helped the nausea. I think after the 341 whenever that will be, I'll change it then.
    xoxooxo

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      #32
      Originally posted by ShouldWeFile View Post
      For one who 'borrows' $20,000 without the intent to repay, there are 'natural consequences,' that will cause you to have to pay - may be even in other ways - perhaps not even monetary or measurable...

      I think if an intelligent (or not so intelligent) individual is set on getting the 20k today and not having to repay it in a BK, I am highly confident there are ways it can be done.

      If you took the $20k today, used the money within, say 10 days (or even 30 or more days), and after the money was gone and could be accounted for, you contacted a BK attorney they would instruct you on how to strategically avoid raising questions about this $20k (just like many can do here)... I think a large portion of experienced BK attorneys could advise you on this... does that make it ethical, moral, proper, acceptable, etc, etc??
      What are natural consequences? Are they part of the new "green" movement?

      BK fraud can get you in trouble financially, with the trustee, with the courts, etc. These are all measured and some monetary.

      You refer to other consequences. Can you share with us where they are in the BK code so that we might look them up? Last time I looked, BK and fraud
      and their consequences were set in rule of law.

      Comment


        #33
        Originally posted by ready2puke View Post
        Not putting you in that boat lol... your 14k looks small compared to mine. All three off my biggies are over 20k..
        BTW how long did you wait.?
        also we are not old yet? lol
        LOL as far as the moniker...yet cant do that yet...still on the verge..not as bad tho as this forum has really helped the nausea. I think after the 341 whenever that will be, I'll change it then.
        xoxooxo
        I had some other issues. Had a fraudulent transfer (like I was supposed to know it was fraudulent when I did it) that had a two year waiting period. So, the bal trans fell within that two year waiting period.

        But, I think, as HHM states, a year waiting period should be good. I don't agree with his one year of payments though. 3-4 months of payments should be safe. But, every case is different, so you never know.

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          #34
          Being in complete denial of our financial situation at the time we took a 25k cash advance from Bank of America 7 months before we filed for Chapter 7 hoping to stem the tide. We made payments for I believe for 3 months and then stopped after our attorney told us to stop making payments. Never heard a peep from either the trustee or B of A.
          Filed Ch 7 - 6/30/08
          341 Meeting - 7/31/08
          Discharged - 9/30/08
          Closed (finally) - 2/10/09

          Comment

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