341 tomorrow!

[Iamtoobroke]

Hi All-

Well D-Day is upon me--tomorrow at 9:00 A.M. (usually the middle of my night since I woek the night shift!) I am getting a little nervous--normal I guess.

I have a couple of questions. Out of the blue my mother mentioned the day before yesterday that she might help me out financially to get a new car as soon as mine is paid off--which will be in August. I did not ask for this. She is elderly and has a fairly substantial amount of money. I am the only child. She said she is thinking about gifting me some some money now, instead of waiting until she dies. I wish she had waited until after discharge to bring this up. Of course, she would not be giving me any money until August which would be well after my discharge. Do I have to mention this to the trustee, even if it is not a certainty, and just something she raised as a possibility that she was thinking about? I do know, of course, that should she pass away before 6 months after filing, that the estate would become part of the bankrupcty estate. Though she is very old, she is in excellent health, so that would be an unlikely scenario, though certainly a small possibilty.

Thanks for all the wonderful help and support on this forum. You guys are wonderful. I will let you know how it goes tomorrow.

[queenfluff]

Hi All-

Well D-Day is upon me--tomorrow at 9:00 A.M. (usually the middle of my night since I woek the night shift!) I am getting a little nervous--normal I guess.

I have a couple of questions. Out of the blue my mother mentioned the day before yesterday that she might help me out financially to get a new car as soon as mine is paid off--which will be in August. I did not ask for this. She is elderly and has a fairly substantial amount of money. I am the only child. She said she is thinking about gifting me some some money now, instead of waiting until she dies. I wish she had waited until after discharge to bring this up. Of course, she would not be giving me any money until August which would be well after my discharge. Do I have to mention this to the trustee, even if it is not a certainty, and just something she raised as a possibility that she was thinking about? I do know, of course, that should she pass away before 6 months after filing, that the estate would become part of the bankrupcty estate. Though she is very old, she is in excellent health, so that would be an unlikely scenario, though certainly a small possibilty.

Thanks for all the wonderful help and support on this forum. You guys are wonderful. I will let you know how it goes tomorrow.

Good Luck tomorrow! I think I will be calling my meeting "B-Day".

My parents offered to help me out too when I told them I was going to do this. They didn't want me to do this. I told them no because they are both retired and have many medical problems and they needed their money (mind you, they wanted to help me pay off my whole debt 32,000 not just a bit of cash). Some relatives loaned me money many years ago to pay off debt and I paid most of it back so I don't want to borrow anymore.

I told my mom that if she wanted to help me out that it would be nice to have money for emergencies after the whole thing is over and that not to give money to me now.

Why? My lawyer said that not take any money gifts during the whole process (ie from friend, family members) that will show you cashed a big check in your bank account, plus, I can't give anyone any money either (like don't write out a check out of your bank account for big amount to someone- not that I have that much in there). I can't even get a job now because my income can't increase while doing this. I am erring on the side of caution myself.

So, no don't mention it. I would think that whatever goes on after the whole thing is over, is not of concern to them. Plus, you don't know what you are getting or when or even if so how could you tell them anything?

I am not an expert on this stuff but if she died after your case was closed could they really come after anything she left you?

[Iamtoobroke]

Yes, if she were to pass away wthiin 6 months of my file date which was February 27th, the trustee would have to be notified and they would reopen the case. If there were assets after the estate's debts were paid, then any remainder could be used to pay off creditors. That applies only to inheritances, proceeds from a lawsuit, or a divorce settlement. Any other money received after discharge is yours to keep. ie.: gifts, winnings , bonuses that you were not expecting before discharge, etc.

[Iamtoobroke]

I am back from my 341 meeting. What a breeze! Took maybe 2-3 minutes. Standard questions. I'm in the 60-day club!!! Yea!!! Thank you everyone for all your support and advise. Love this forum!