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    Few more questions

    First off I have asked a few questions on this site and can not thank all of you enough that has responded. I do not believe I ahve given all the details of my situation so here it is in short and then a few questions to follow.

    My wife and I plan on filing joint first of Aug or latest sept. At that point in time I should be under the median income by a couple of thosand $. This is due to pay cut and commission being held until at least 2010. I will be a no asset case or close to it. I have $56K (most is in my name) in credit card debt. I have already picked out a lawyer and plan on paying him a retainer at the first of the month so I can start telling creditors my plan, give his name and my case #, and hopefully relieve some of the creditor phone calls.

    Here are my questions.

    1. I paid my grandmother some money in March (totaling $2100) that I owed her. Soon after I realizing I needed to file BK and this would be considered preferrential payment. I asked for the money back and she gave me a check back for $2100.00. The cash withdrawals and her check deposited are clearly visible on my bank stubs. Any issues with me doing this?
    2. My wife cleans a couple of house on the side for minimal money. I plan on claiming that money when I file BK, but I do not have any of here check stubs. The majority of the checks where cashed at our bank. Only thing I could produce is copies of invoices. Would those work?
    3. I travel with work and have to expense all my travel expensive. I have a few deposits on my bank account where I have deposited my expense check back in my account once I am reimbursed by employer. I can provide trustee with stubs and expense reports if neccessary. See any issue here?
    4. I have asked this question before but wanted to get a few more opinions. I sold a hot tub back in April for $3100 due to the fact I needed to pay my bills. As long as I can show that I use it for neccessities is there going to be a problem?
    5. My mom and her dad have been helping us out occasionally over the last few months. Giving us $100 here and there. How does trustee view this?

    Thanks in advance for your responses. This is the greatest site and has calmed a lot of my initial fears. You help is much appreciated.
    Filed 9/01/2009
    341 Scheduled for 10/29/2009 (Smooth )
    Trustee Report of No Distributions 10/30/2009
    Actual Discharge 1/12/2010

    #2
    Originally posted by BC7114 View Post
    1. I paid my grandmother some money in March (totaling $2100) that I owed her. Soon after I realizing I needed to file BK and this would be considered preferrential payment. I asked for the money back and she gave me a check back for $2100.00. The cash withdrawals and her check deposited are clearly visible on my bank stubs. Any issues with me doing this?

    If you can document this, there's no insider payment, so that should be fine. You'll probably need to list her as a creditor in your BK though, and just pay her back later.

    2. My wife cleans a couple of house on the side for minimal money. I plan on claiming that money when I file BK, but I do not have any of here check stubs. The majority of the checks where cashed at our bank. Only thing I could produce is copies of invoices. Would those work?

    For my self employment income I needed to provide a profit and loss statement - she's essentially self employed, so that's likely all you would need.

    3. I travel with work and have to expense all my travel expensive. I have a few deposits on my bank account where I have deposited my expense check back in my account once I am reimbursed by employer. I can provide trustee with stubs and expense reports if neccessary. See any issue here?

    Nope

    4. I have asked this question before but wanted to get a few more opinions. I sold a hot tub back in April for $3100 due to the fact I needed to pay my bills. As long as I can show that I use it for neccessities is there going to be a problem?

    This shouldn't be a problem as long as you didn't sell it to a friend or family member for less than fair market value. We sold a truck for 15k and used the money for living expenses and school - our attorney said that is "ordinary course" of living, no worries.

    5. My mom and her dad have been helping us out occasionally over the last few months. Giving us $100 here and there. How does trustee view this?

    It's income. How visible it is -that's another story. Was it cash that you spent or deposits to checking?
    Good luck!
    BKForum Blog: The Journey

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      #3
      Odd... my lawyer told me that any monetary funds I got from family were "gifts" and not income.
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

      Comment


        #4
        Thanks Trixie007.

        Most of the money from family helping out was cash and a few checks that I cashed at my bank.

        Anyone else know if this is considered gifts or income?

        Thanks,
        Filed 9/01/2009
        341 Scheduled for 10/29/2009 (Smooth )
        Trustee Report of No Distributions 10/30/2009
        Actual Discharge 1/12/2010

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