Income Issue with Chapter 7

[sjcmCA]

I filed bankruptcy chapter 7 early last week.

Since there are still living expenses issues, I desperately need some help from my families.
It won't be a big help but it would be a range between $500 and $1,200 this month.

My 341 meeting is scheduled on December 30.
Can this temporary gift/loan from my family members create a problem at 341 meeting or before the discharge date?

Some people say that it won't be a problem since Trustee looks back the money before/on the filing date. At once I deposit a check into my checking account, I will use them for paying other bills, i.e., utilities, HOA, car payments, etc.

I have thought that this would be a common issue since a lot of people filed bk must take some helps from families and friends until they find a full time job or 2nd job, etc.

My case is in Northern California. My disposable income is about -$1,300 per month.

Any experience or advice would be highly appreicated.

[whipster1]

They should pay those bills directly. Don't put a wad of cash from other people in your account, it only causes more questions. The trustee will ask how are you supporting yourself (maybe) and then you can say that your family is helping you out.

If you are paying car payments without enough income that will be a problem...

[sjcmCA]

They should pay those bills directly. Don't put a wad of cash from other people in your account, it only causes more questions. The trustee will ask how are you supporting yourself (maybe) and then you can say that your family is helping you out.

If you are paying car payments without enough income that will be a problem...

Thanks a lot for your input.
As far as I know, the payments for the secured debts (car and/or house) should be included in the expenses (If my name is still on the title.) even though payments to the morgages have been stopped. So no matter what the those payments are current or behind, it would not be a problem as an expense.

However, I am still not sure about this income issue after filing bk. I doubt that some helps/incomes after filing for the fresh start can be regarded as a fraud issue?

If someone had a luck to find a new job after filing, the case should be dismissed due to the additional income as well as doesn't match with the figures in the means test?
If it is true, it would force a lot of good people (e.g., no intention to fraud) to drop all the opportunities intentionally until the end of the discharge date.
And then it is not a Fresh Start since they would suffer longer for several months or years until they find another good opportunity. This is just my thought on Bankruptcy which is designed for protecting people (not punishing).

I ams still confused...

Thanks though.

[lrprn]

[QUOTE=sjcmCA;356094]I filed bankruptcy chapter 7 early last week.

Since there are still living expenses issues, I desperately need some help from my families. It won't be a big help but it would be a range between $500 and $1,200 this month. My 341 meeting is scheduled on December 30.

A one-time gift is just that - a gift - and it's coming after you filed besides. When you file Ch 7, your bankruptcy estate is set on your filing day. Technically anything that happens income-wise after you file Ch 7 isn't supposed to count against your filing.

The only issue that *might* come up is if your trustee asks at your 341 if your financial situation has changed since your filing. Since you are under oath, you'll need to decide about sharing this gift with the trustee. However, if you don't accept the gift until after your 341 meeting, you won't have to worry about whether to disclose the gift or not if you are asked.

One easy way out of this potential dilemma is to ask your family to pay some of your bills directly themselves before Dec 30. That way the cash never enters your account and there's no problem with new "income".

If you filed with a lawyer, please get his/her opinion about all of this before accepting any money from your family. I honestly doubt if you are going to have a problem, but it's best to get a knowledgeable legal opinion before accepting any large amounts of cash before your 341.