Another Vacation Question

[jennagirl]

Our 341 hearing consisted of him asking our names, did either of us owe child support, where we were employed, had our attorney showed us certian papers, did we swear what we stated to the attny was true, did we own anything that we had not mentioned, and did we anticipate getting any kind of inheritance anytime soon. Then he said okay....we were up there for approx. 90 seconds. we provided all of our bank statements and info to our attny.

our attny did tell us that the judge we had was easy and that nothing would be a problem. he said in bigger cities they usually ask more detailed questions but that a typical hearing doesn't last over 5 minutes especially if it is chapter 7 and no great deal of property is owned.

[Jackdog]

What's a vacation. For me it's where my job gives me an extra paycheck even though I'm still working that week.

[pcn]

thats not necessarily true. My district is herding people through like cattle, and the Trustee is not asking for bank statements.

still, i wouldent want to have to disclose that i booked an extravagant vacation on the eve of BK. you better wait to file, and have your attorney bluff cavalary into thinking you will be filing soon.

FWIW, in our area of AL they arent asking for bank statements either. Name, address, what county you live in, is everything on the forms true, thank you , good luck.

[StartingOver08]

The bank statement question seems to vary not only by district, but by your income. If you are above median, you are more likely to have to supply bank statements. If you have any sort of complication at all, like you are commission based employment or self employed, you will have to supply more information.

IMO your timing for this vacation can not be worse.

[Coldplay]

As much as I would love to tell you to go on that lovely vacation.....I think it's irresponsible at this point. Now, don't get me wrong. We would love to go on vacation....we are a family of 6 and we desperately need a vacation after having lived thru this past year and looking forward to the future which includes getting out of debt and making a fresh new start. That's the WHOLE point of filing for BK. Making a fresh new start with NEW spending habits. If you don't change your relationship with money and put into perspective what is a NEED versus a WANT you will wind up in the same unfortunate position you are in now . Best of luck to you.

[Mensa1]

Coming to the bkforum and asking for approval of taking a vacation just after filing Ch 7, is much like going to the AA mtg and asking if they condone a stop at the bar on the way home from the mtg???? Coldplay's advice on changing behavior is spot on.

[Logan]

Coming to the bkforum and asking for approval of taking a vacation just after filing Ch 7, is much like going to the AA mtg and asking if they condone a stop at the bar on the way home from the mtg???? Coldplay's advice on changing behavior is spot on.

I don't believe he's asking permission. Also, he's being driven into BK because of a lawsuit. Without the lawsuit there is no BK.

[Mensa1]

I don't believe he's asking permission. Also, he's being driven into BK because of a lawsuit. Without the lawsuit there is no BK.

A couple of things... There was a similar thread about vacations after filing, which I presumed this to be that same thread, and obviously it isn't.

With that said, (and now that I have scanned the thread and response) the fact that this debtor hasn't filed YET, plans to possibly in the 60 to 90 day time frame, is even ALL the more reason of why not to go on the vacation. Yes, if there wasn't one more penny being spent except what was already pre-paid, then maybe go ahead. But we know that isn't how these things work out. The debtor runs a high potential of the case being dismissed b/c of such expenditure within 60-90 days prior to filing; OR having to payback the TT for $$$ spent in that time frame. Bank accts may be scoured and if this is known it cold be more than a little bit of a blip.

Lastly, filing Ch 7 Bk is not usually about one creditor garnishing wages. Maybe it is in this case but that would be an anomoly. Call me skeptical I guess.

BTW, the OP did ask a question of whether a debit card is considered the same as CASH, and I didn't see that anyone asnwered this. NO, it is NOT Ca$h... Ca$h is that green stuff that you have your pocket once in a while. The point of ca$h is that there is NO paper trail, unlike a debit card which memorializes the transaction. NOW, I am not suggesting that anyone make a cash transaction that they not disclose, I am just stimpulating between a debit and Ca$h (green folding money) transaction.

[JEM]

I may get flamed for this...but we took a vacation last week.

HOWEVER.....the way it went down was this.....my parents flew into town and rented/paid for a condo on the coast (no, we are not repaying them or anything...they just wanted to spend time with the kids and us). They paid for the food out and groceries to cook (that's just the way they are, they always offer to pay/pick up the check). They paid for the guys to go on a fishing boat for the day. The rest of the time we spent just hanging out, or doing free stuff.

It cost us a tank and a half of gas, and I bought the kids each a $5 souvenier--my parents bought them the rest.

So, I suppose we did take a vacation before we filed. I suppose when we file the trustee could take issue that we spent $70 on a vacation. Who knows.

Actually, it probably saved us money since I didn't have to buy groceries for home for that week.

[Mensa1]

JEM: I think you are safe here. No issues since the things that will get you flamed (by the TT) is the paper trail. And you didn't leave one, nor did you do anything out of line, IMO. Essentially the issue with vacation within 90 days prior is diversion of funds, those funds that could go to pay a creditor... (but we really know it is to go to the TT).

[StartingOver08]

JEM, your type of vacation wouldn't even raise an eyebrow! LOL...that's the type of vacation that would be expected under the circumstances.

The type of vacation the OP is talking about is a totally different thing. If I were the OP and insisted on keeping the vacation, I would certainly delay filing at least 90+ days after returning from this ill timed vacation.

[liz417]

The bank statement question seems to vary not only by district, but by your income. If you are above median, you are more likely to have to supply bank statements. If you have any sort of complication at all, like you are commission based employment or self employed, you will have to supply more information.

IMO your timing for this vacation can not be worse.

I think the Bank Statements vary Trustee to Trustee because "Albacore" and I filed in the same district, but had different Trustees and I had to supply 3months worth of Statements for ALL MY accounts.

[bobbyquefour]

As much as I would love to tell you to go on that lovely vacation.....I think it's irresponsible at this point. Now, don't get me wrong. We would love to go on vacation....we are a family of 6 and we desperately need a vacation after having lived thru this past year and looking forward to the future which includes getting out of debt and making a fresh new start. That's the WHOLE point of filing for BK. Making a fresh new start with NEW spending habits. If you don't change your relationship with money and put into perspective what is a NEED versus a WANT you will wind up in the same unfortunate position you are in now . Best of luck to you.

I MUST agree with this statement as well as the one that followed from Mensa1:

"Coming to the bkforum and asking for approval of taking a vacation just after filing Ch 7, is much like going to the AA mtg and asking if they condone a stop at the bar on the way home from the mtg???? Coldplay's advice on changing behavior is spot on."

We are all on here to change our lives. This is not meant to sound harsh, but truly, truly think about the logic here. It goes against the grain of where we should ALL be headed fiscally on here in life. Please don't take offense, I just really have to agree with both of these statements. No intention to offend.