Ok, how stupid was this?

[fltoo]

Thanks Ding Dong.

Good news Beedle, now don't go giving that money back to the casino.

Congrats on your fresh start and enjoy life.

[OhioFiler]

I suspect the trustee could question him regarding when he came to possess the coupon he used for the gambling. It appears he held it before the filing. He certainly was not using monies earned after he filed to gamble. I'll bet if the amount won was considerably more it would come under more scrutiny by the trustee.

Just playing devil's advocate.

[Beedlebrow]

I suspect the trustee could question him regarding when he came to possess the coupon he used for the gambling. It appears he held it before the filing. He certainly was not using monies earned after he filed to gamble. I'll bet if the amount won was considerably more it would come under more scrutiny by the trustee.

Just playing devil's advocate.

The coupon came in the mail this month, long after filing.
But yeah, a considerably higher amount would most likely change things.

[OhioFiler]

The coupon came in the mail this month, long after filing.
But yeah, a considerably higher amount would most likely change things.

That's good to read.

I suspect reading your posts that gambling helped lead you to this point. I hope you're able to do your fresh start without those damn casinos in your future! Best of luck to you!

[fltoo]

I suspect the trustee could question him regarding when he came to possess the coupon he used for the gambling. It appears he held it before the filing. He certainly was not using monies earned after he filed to gamble. I'll bet if the amount won was considerably more it would come under more scrutiny by the trustee.

Just playing devil's advocate.

I agree with your scenario OHIO. What I was thinking was that if it was a huge amount, the trustee could argue that the points earned to qualify him for the coupon were acquired with cash before filing.

[OhioFiler]

I agree with your scenario OHIO. What I was thinking was that if it was a huge amount, the trustee could argue that the points earned to qualify him for the coupon were acquired with cash before filing.

You're always one step more brilliant than I could ever hope to be! That would certainly make for some interesting case law reading.

[Beedlebrow]

That's good to read.

I suspect reading your posts that gambling helped lead you to this point. I hope you're able to do your fresh start without those damn casinos in your future! Best of luck to you!

Oh, it was deifintely a factor.
Also, my wife being out of work, and earning about 1/4 of what she is accustomed, for 2008, really hurt.
We've had a rough couple of years, and did the head-buried-in-sand routine, kept hoping things would turn around before they got quite this bad.

By the time we wised up and realized how bad it was, it was too late.
But, she has been on a new job for a few months now, one that is paying fairly well.
That, coupled with the BK, should keep a roof over our heads.
We do have to hope we don't experience more bad luck in the near future, because while we are making ends meet, we haven't yet had the chance to start saving for emergencies.
This jackpot is a godsend in that respect.

[Beedlebrow]

I agree with your scenario OHIO. What I was thinking was that if it was a huge amount, the trustee could argue that the points earned to qualify him for the coupon were acquired with cash before filing.

That is a very good point.
I'm glad (it looks like) I won't have to be concerned with that.

[JRScott]

Where does it say that "if you won a million in the lottery, your case will be dismissed?" 4 thou or 1 trillion, they cannot take your lottery winnings. There is plenty of case law regarding this where a trustee tried and was denied.

Darn, can't find the BK code regarding the 6 month period of what the trustee can take.

Just Broke, where are you? I know you can find it.

There are several case precedences where prior to closing the bk someone won a lottery and on the condition of totality of circumstances the case was dismissed.

[JRScott]

Okay, spoke with my attorney.
He said that he will shoot the trustee an email, but not to worry.
We have enough room so that a one time income of 4k isn't enough to cause a concern.
I will not lose any money, I will not be forced out of a 7 into a 13.

So now I'm feeling pretty good.
As the trip to the casino was a fluke (I've been really good about staying away), I don't anticipate going back and giving them their money back one pull at a time.

Thanks for all of the input.

Glad you spoke to your lawyer and all is well

[fltoo]

There are several case precedences where prior to closing the bk someone won a lottery and on the condition of totality of circumstances the case was dismissed.

Yes, there are, but as you said, based on the entire scenario.(ie, the ticket might have been purchased before filing)

But, the amount of lottery won has no bearing on your case being dismissed as you implied. The amount also has no bearing on whether or not they are allowed to take it.