Heres My Storie

[SoStressed58]

Hello Everyone,

I have been reading this board for three weeks now. I finally decided to join after I retained my attorney last week,Well I have been fighting a divorce for almost a year and a half.This past april the judge said we need to bankrupt our debits before the divorce would be final. Well all the cards were in his name.I NEVER USED THEM.I am going to file on my one.Now you have an idea. I needed more money for my attorney she excepts cash only. So I did cash advances in April. To Pay for the bankruspy and her and to live on. We were not living together and I had to support my daughter and I. My attorneys secetary or what ever you call her told me go use your cards buy what you need.Dont file for ninety days it is fraud. I did just that. Now being on this board I am really scared now. I had savings I been saving for me and my daughter to live out on our own,I had it in my bank. Six thousand I pulled it out in July. I have been spending it on cleaning supplies school clothes I paid dell off.1600, And paid other credit cards too small payments. I paid one 584.00. Well what I am asking is I am on disability and I cant figure how the courts will do this in a divorce case. My attorney told me not to worry. We are filiong in Oct. I have two thousand left. What can I do with it do i have to spend this money? He grosses about ninteen hundred a month I get 676 A month disability and food stamps for my daughter and I little over three hundred. Thanks for any input.Also my attorney said hes never been audited. Hum thats strange.I am so strressed! Plz Help! Thanks

[ForumReader]

Welcome to the board! I am new as well here. Sorry to hear you are having a tough time fighting the divorce. Was this attorney you have retained the first one you have consulted with before retaining? I am not sure why the judge said you needed to go bankrupt before the divorce is final. Could you further explain why the judge said that?

Hang in there.

[lrprn]

I'm so sorry that your life and your daughter's life have fallen apart this way. Divorce can be so painful.

Well what I am asking is I am on disability and I cant figure how the courts will do this in a divorce case. My attorney told me not to worry.

Bankruptcy and divorce make for uneasy bedfellows. Divorce law is set by state, and the bankruptcy law is a combination of state and national. They sometimes conflict, so it makes giving you any reliable information about what to expect in your case difficult. Bottom line is that since your lawyer (divorce? bankruptcy?) told you not to worry, chances are you should try not to worry.

We are filiong in Oct. I have two thousand left. What can I do with it do i have to spend this money?(

Any money you paid non-secured creditors (credit cards are non-secured) that was over $600 total in the 90 days before you filed is considered a preferential payment. Your trustee may go after your creditors to get that money back to distribute it equally among all your creditors. This process does not affect you at all.....unless you paid a family member or insider a significant sum in the last six months - the trustee will ask for the money you paid them over $600 total in the last 90 days as well. Hope this is not the case (fingers crossed )

As far as what to do with the remaining $2K, what you did to get down to $2K was perfectly acceptable. The key to answering what to do with the remaining $2K depends on which state you live in and how much cash your state bankruptcy exemptions can protect. Which state do you live in?

Hang in there. It's very dark now, but there are lighter days ahead for you and your daughter.

[SoStressed58]

Thank you so much. I seen three attorneys this one did banckruspy only. I seen him twice and I like him. As for what the judge did all I know is I believe its about the alimoney we been married twenty nine years. I was not gonna pay for his cards when I seen the charges on them that he did not spend it on the house. His attorney and mine keept arguing the debts. Which he wanted me to take half or he takes it and I get no alimoney. Now thats when the judge orderd it. Thanks for your reply.

[SoStressed58]

I'm so sorry that your life and your daughter's life have fallen apart this way. Divorce can be so painful.

Bankruptcy and divorce make for uneasy bedfellows. Divorce law is set by state, and the bankruptcy law is a combination of state and national. They sometimes conflict, so it makes giving you any reliable information about what to expect in your case difficult. Bottom line is that since your lawyer (divorce? bankruptcy?) told you not to worry, chances are you should try not to worry.

Any money you paid non-secured creditors (credit cards are non-secured) that was over $600 total in the 90 days before you filed is considered a preferential payment. Your trustee may go after your creditors to get that money back to distribute it equally among all your creditors. This process does not affect you at all.....unless you paid a family member or insider a significant sum in the last six months - the trustee will ask for the money you paid them over $600 total in the last 90 days as well. Hope this is not the case (fingers crossed )

As far as what to do with the remaining $2K, what you did to get down to $2K was perfectly acceptable. The key to answering what to do with the remaining $2K depends on which state you live in and how much cash your state bankruptcy exemptions can protect. Which state do you live in?

Hang in there. It's very dark now, but there are lighter days ahead for you and your daughter.

I live in Ohio and Its a mess thank you so much. I need a carpet cleaner and my daughter and I still need a few clothes and a winter coat. The 600.00 is that total for them all or just one. I told my attorney about dell and thats why we are waiting the niney days. I dont know all I know is I cannoit sleep this is on my mind twenty four seven.Good Luck! Are you filing alone?

[lrprn]

I need a carpet cleaner and my daughter and I still need a few clothes and a winter coat. The 600.00 is that total for them all or just one.

Since you are using cash for these purchases and not a credit card, you're fine.

The $600 limit is ONLY for payments sent to unsecured creditors within 90 days of filing. This is why your lawyer is delaying your filing until 90 days has passed since you paid Dell.

[SoStressed58]

Thank you so much. I am putting it off due to waithing six months. Its a mess.Dont I have to save the reciept for the carpet cleaner to prove where my money went?