Ok So we are in the beginning stages of filing chapter 7. Have had financial problems for about a year and when my husband got laid off in Nov and since we had NO access to credit cards or have used our credit cards for over 2 years we had to swap checks back in forth from one account to the other until my husband would get paid ( he works for himself) so our account looks like we deposited ALOT more then we actually did. I am really afraid of getting in trouble for this when it comes out in the bancruptcy. Has anyone dealt with anything like this and what can I do about it.
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So, forgive me if I'm reading this wrong and I mean no offense, but you were writing bad checks to yourself? I'm a little confused based on what you wrote as to what you were really doing.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 -
I guess yes, eventually they were covered by the check in the end I was doing it to avoid NSF fees which would create more issues.Comment
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Hmmm... interesting. Not sure about this one! Personally, I would seek advice from a lawyer on this and show them your statements and such so they can see exactly what you're talking about.
Have you already spoken to one or retained one?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 08/15/2012Comment
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Yes honestly I am scared even to bring this up to them, Im not proud of this or do I think it was the right thing to do but in the last year it has been so horrible stressful I guess you look for any way possible to float. The checks were ALWAYS honored in the end but this was just buying time in between. I just wonder if Im screwed! I guess I will call her and talk to her about it! thanks for your response!Comment
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Well don't be afraid to bring it up to your lawyer... they are ethically bound to 1. not disclose anything you talk to them about and 2. answer your questions about anything and everything!
Good luck! Sorry I wasn't more helpful... perhaps someone else who is a Guru will know more.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 08/15/2012Comment
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You should be able to show with your statements that you wrote the check from one account to the other. One check going out, one going in. Just explain that you were robbing peter to pay paul and doing it that way to avoid NSF fees. If you were good with money you wouldn't be in BK, I don't think you have to worry about it. If you had random deposits where you couldn't show the origin you might have issues, but even then it depends on how close the trustee is going to look at something like that.
Talk with a few lawyers, lay your cards on the table, don't worry they have heard worse.Comment
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If I understand this right what you were doing is called Kiting, which in a sense is Illegal; however, in Bankruptcy it's a whole new ball game.
Again, if I understand you had 2 checking accounts at 2 different banks right? They must be small town banks as now there is no wiggle for kiting.If the $$ amounts of the Debit from one Account equals the exact $$ amount of the Credit, I don't believe this is a problem in your filing Bankruptcy.
Gee, I can correlate that to the procedures a lot of us did before filing bankruptcy with our Credit Cards. Balance Transfers to get a better rate or to close a checking account or Dang just to put in our checking account and using the funds to pay bills. Most of us probably paid the Principal amount of the Balance Transfer, but not so sure we paid the 3 or 4% transaction fee & the interest % amount. Also, there are some who probably didn't pay the entire amount of the BT and those are ones who are in 1 to 2 year waiting game before filing.
Yes, seek several Free Consults from Attorneys and this needs to be asked of each of them, just don't tell them the names of the Banks. When you retain an Attorney, remember to tell him Everything as He works for You and Your Hubby and it is his responsibility to assure all Bankruptcy Laws are met upon submission of your Bankruptcy.
Just my opinion on your situation. I don't believe it's really as bad as you think it might be.
Luci
PS Was preview my post (slow typer) & see where one stated it wouldn't be an IssueComment
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I hope your right because I need to beable to file and yes its true If I was financial sound I wouldnt have did this.Comment
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thank you!! I needed to hear that, I am so stressed out about it! I dont think going to jail would help our problems either!Comment
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Hey listen Stressedout - Don't let your Screenname happen. Stress can cause not only Emotional problems, but also physical problems. You've come to the right forum, for research, questions & Support.Originally posted by Stressedout7 View Post
We started our BK journey last Sept. and will be filing 9/30/09. So it will be a year Dh (well he's not that involved) and I have been 'coping' with BK. Yes, went through the crying stages, the feeling it was my fault because I paid the bills, but then a Moderator posted something that Shed Good Light on me and when I find myself becoming a tad bit tensed or edgy I repeat the sentence over and over until I calm down.
Filing Bankruptcy Is A Business Decision And You Must Keep Your Emotions Out Of It.
Like I said in my last post, I've done the same thing, but it was with Credit Cards - It's called Robbing Peter To Pay Paul. There is nothing to be ashamed about. My goodness, they print in our State Newspaper every Monday 'Bankruptcy Watch' by City. It used to be less than 1/4 of a page. Now it's almost 1/2 of a page.
I know it's not easy to keep your emotions "in check" while going through this ordeal, but at least TRY! Like I said the above Colored Blue sentence helps me.
((((((((((((((((((((((Big Hugs)))))))))))))))))))
LuciComment
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Ahh your making me cry now, Thank you for being so wonderful, I dont even know you and you have helped more then my own husband with this emotional side of it. I have been soo stressed for so long and an now driving myself crazy with worry that yes, I know its affecting me. I just want this nightmare to be over and have a second chance, I will let you know how this all plays out, I plan to contact my lawyer today for advise... Thanks again I really needed the support right now, keep in touch!Comment
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Awe, I'm glad someone else was able to reassure you! At least I got the lawyer consult part right! Hehe...
Wish you the best as well.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 08/15/2012Comment
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Aw Sweetie..Sure hope those Tears are Happy TearsOriginally posted by Stressedout7 View Post
And hey you don't have a nightmare k? You have a Business Decision and Yes at the end you and your hubby will get a Fresh New Start.
My hubby is an Truck Driver and is usually home one day a week. I am disabled, so he does the grocery shopping on that day. I've gotten to where I don't even mention our BK to him. He knows he will have to take off one afternoon to sign the BK papers & a morning for the 341. He told me just to let him know 2 weeks in advance. It's all in my hands now & that is fine by Me
You don't have to know someone to get the right words to help you. I belong to a lot of Chronic Pain and Back Support Groups. Back in 2005, I faced a serious 1 of 8 surgergies. I hd a gal on one Chronic Pain Board who offered to drive from her home in AL to AR and stay with me for 2 weeks. I took her up on her offer and we had two wonderful weeks together.Comment
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It would only be considered fraud if you didn't make the checks good. The fact that they never bounced doesn't even raise that specter.Originally posted by Stressedout7 View Post
Stop stressing, get thee to some lawyers and file your BK. The fact that you are so stressed out about that aspect may actually get a chuckle out of your lawyer. Stuff happens, you haven't committed any crimes you were just "spinning the plates" like they used to do in Vaudeville.
Look familiar?Comment
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