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Can I take a vacation during bankruptcy?

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    #16
    Thank you Mr. B - good advice! If only it were a French Riviera cruise. That would be lovely. However, I would probably not come back then! Lol!

    Comment


      #17
      Originally posted by mama2four View Post
      I realize we are probably in a different situation than most people on here because of our circumstances, but we are honest people, who did pay their bills. At least I am wanting to do things by the book and not "sneak" in a vacation right before I file. That's why I'm asking questions about what and how we can legally do things. However, after what we've been through, I wouldn't judge others for what they choose to do though.

      I thought the point of this site was to be a forum for questions and answers pertaining to bankruptcy, not to be lectured to and judged by others. Bankruptcy is difficult enough without having to worry that you will be looked down upon by strangers. Strangers who had been in the exact same situation, no less. And, as far as I'm concerned - I deserve a vacation - it's the least we should get out of this!

      By the way, thank you to the first two respondents. I really do appreciate your input.
      Wow, another one. I was not saying anything to you about what you should or should not do. Once again I get my answer though. For you to react to it the way you did tells me everything I need to know.

      I am trying to help you. You FILED BANKRUPTCY yesterday. Do NOT go flaunting around on a trip to Hawaii, it's likely to draw attention from the TT and you will be called on it. That's all I was saying. Do not go on vacation with money that was not disclosed in the bankruptcy. It is no longer yours if you were not able to exempt it, the money now belongs to your BK estate. If the money is exempted from the estate, have fun! I am trying to save you trouble here not make you feel bad. We are all in the same boat here.

      If it doesn't make you feel wierd, than that's cool. I wasn't thinking about a vacation the day after I filed, but that's me. Like you said, your circumstances are different. Everyone has a different story.
      Last edited by LSUTiger32; 03-11-2010, 09:36 PM.
      New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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        #18
        Originally posted by BCA2009 View Post
        If I had borrowed money from family and friends to me get by, I would never go on a vacation without paying them back. But BK has to to with getting a fresh start. Who cares what other people may think.

        For those of you who think you shouldn't go on Vacation just as you have been discharged, when would you (or your nosey friends) approve of it? Do I wait one month?, two months?, a year?

        If my family has been scraping by for two years trying to pay all of the bills, and now all of the sudden I have a little breathing room and can afford a vacation, it's nobody elses business what I do!
        She filed yesterday, she has not even had her 341. She has not been discharged. How in the world can you compare someone who is TWO YEARS out of BK to someone who filed yesterday. Come on already.
        New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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          #19
          We had to stop all vacations during our Chapter 13 years. What we did was weekend trips now and then within a day's drive and saved money as we could during our Plan to be able to do that. We were also lucky to have good friends with a beach house so several days down the beach with them, on their invitation and at no cost, only cost us half of providing the groceries for that time. You can afford it with planning but you don't go overboard at this time because it can raise an eyebrow or two to family/corworkers/friends who know you have financial troubles.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #20
            newbie2,
            just a quick question.... i don't know if i read your post right or not, but are you saying in a chapter 13 you are not allowed to take a vacation or leave the state? Or is that your personal situation due to budget?
            We're considering filing bankruptcy, and possibly will be a chapter 13, but I didn't read or see anything (my 1st appoint w/a lawyer is today) that after you're in a chapter 13 plan that you're regulated on what they "give" you as your budget each month?
            Thanks for any relpies & I am so sorry you can't visit your family. I know that must be extremely difficult. My father in law & sister in law (and family) both like about 12 hours away.....

            Comment


              #21
              Originally posted by andysmom View Post
              newbie2,
              just a quick question.... i don't know if i read your post right or not, but are you saying in a chapter 13 you are not allowed to take a vacation or leave the state? Or is that your personal situation due to budget?
              We're considering filing bankruptcy, and possibly will be a chapter 13, but I didn't read or see anything (my 1st appoint w/a lawyer is today) that after you're in a chapter 13 plan that you're regulated on what they "give" you as your budget each month?
              Thanks for any relpies & I am so sorry you can't visit your family. I know that must be extremely difficult. My father in law & sister in law (and family) both like about 12 hours away.....

              Chapter 13 isn't a jail sentence, we can leave the state. We simply don't have enough money to do so without dipping in to emergency funds. Believe me, those emergency funds come in handy (water heater replaced, car repairs, etc).
              Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
              I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

              Comment


                #22
                Thanks newbie2.
                I am so scared & confused about this whole process. We have just come to the realization this past week or two that we really don't have a choice or a way out excepet to file bk. I think we have exhausted all other options. I'm pretty sure we'll end up in a chapter 13 and it scares me to death. I have my 1st lawyer consult at noon today. I completely understand about an emergency fund- I sure I wish I had one before we got ourselves into this mess.
                I wish you the very best of luck & I hope to come out of my consult today w/at least a little more info on our situation.

                Comment


                  #23
                  Originally posted by andysmom View Post
                  newbie2,
                  just a quick question.... i don't know if i read your post right or not, but are you saying in a chapter 13 you are not allowed to take a vacation or leave the state? Or is that your personal situation due to budget?
                  We're considering filing bankruptcy, and possibly will be a chapter 13, but I didn't read or see anything (my 1st appoint w/a lawyer is today) that after you're in a chapter 13 plan that you're regulated on what they "give" you as your budget each month?
                  Thanks for any relpies & I am so sorry you can't visit your family. I know that must be extremely difficult. My father in law & sister in law (and family) both like about 12 hours away.....

                  It is not that you are not alowed in a 13. It is that you will have NO spare money left for a vacation. You are stuck to the budget...if you live on Ramen noodles, you may have vacation money becuase you saved food money, but the budget is going to be the bottom line. (And, as mentioned, that should go to an emergency fund because you no longer have plastic when the car breaks down or a kid breaks an arm.) All excess money goes to paying the BK. If you come into extra money (such as a car payment ending) it now has to go to the trustee for the BK. 13s are not really a fresh start until you are done.

                  I am back on the fence because of this...but I did not have to quit paying all my bills to survive either, like many are forced to do. I do have to wait till year's end because if I do file, it will be a 13.
                  First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                  Comment


                    #24
                    I'm complete ball of nerves & don't know what to do or expect. I'm also on the fence too but I don't know if they would ever be another way out. I seriously don't think we'll qualify for a chapter 7 because my husband's income is right over the median- but if we wait we MAY be able to get it under- not sure because of overtime.
                    This will be the 1st month we can't make all credit card payments, but don't know if we should keep making some in case we need to wait to file - which I think we will probably need to wait a few months for - I like almost everyone else on here i am sure, never thought we'd ever end up on this place and I am so afraid to make that file decision to do it but I can't sleep, eat, keep my mind on anything else.

                    Comment


                      #25
                      Originally posted by mama2four View Post
                      My husband and I filed chapter 7 yesterday and the 341 meeting is in 20-30 days. We were forced into personal bankruptcy due to the failure of our business. ...

                      In the meantime, we are wanting to take a vacation this summer. We have four children and want to try and live our lives as normally as possible. The plans were to go at the end of May or the beginning of June. This puts us after the 341 meeting, but just short of the certification of the bankruptcy.

                      Can we go on vacation during a bankruptcy? At what point will we know what we can and can not spend our mony on DURING the bankruptcy?

                      Thank you in advance!
                      Originally posted by LSUtiger32 View Post
                      She filed yesterday, she has not even had her 341. She has not been discharged. How in the world can you compare someone who is TWO YEARS out of BK to someone who filed yesterday. Come on already.
                      LSU, you obviously didn't read the post. She is asking about going in May or June. And she did not ever suggest using money that not exempt. Nothing at all wrong with using exempt money to go on vacation after your 341. Which is what I said in the beginning!

                      And I wasn't talking about someone two years out of BK. I was refering ot my own situation. We have been scraping by for the last two years trying to make it all work. We finally realized that we had to file BK. I should be discharged in early April. Now that I'm not making all those payments on CC's and investment property, I can afford a modest vacation. I plan on taking my wife and son on a modest vacation during his spring break which is the first week of April. there is nothing wrong with that!
                      Last edited by BCA2009; 03-12-2010, 06:32 AM.
                      Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
                      Filed Chap 7 - 12/31/2009
                      341 - 2/12/2010
                      Discharged - 4/19/2010

                      Comment


                        #26
                        Originally posted by BCA2009 View Post
                        LSU, you obviously didn't read the post. She is asking about going in May or June. And she did not ever suggest using money that not exempt. Nothing at all wrong with using exempt money to go on vacation after your 341. Which is what I said in the beginning!

                        And I wasn't talking about someone two years out of BK. I was refering ot my own situation. We have been scraping by for the last two years trying to make it all work. We finally realized that we had to file BK. I should be discharged in early April. Now that I'm not making all those payments on CC's and investment property, I can afford a modest vacation. I plan on taking my wife and son on a modest vacation during his spring break which is the first week of April. there is nothing wrong with that!
                        Actually, yes I read the post. May is 6 weeks away. I would assume you might have to make some plans for a vacation in 6 weeks, like plane tickets, hotel reserverations.....you know things that cost money.

                        Originally posted by lsutiger32
                        That's all I was saying. Do not go on vacation with money that was not disclosed in the bankruptcy. It is no longer yours if you were not able to exempt it, the money now belongs to your BK estate. If the money is exempted from the estate, have fun! I am trying to save you trouble here not make you feel bad.
                        Apparently you missed it when I said the same thing.
                        New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

                        Comment


                          #27
                          Hmmm...I have a very good lawyer and filed a non-consumer BK about a month ago. My 341 meeting is tomorrow, and i'm leaving for a vacation with my non-filing wife to Turks and Caicos in the Carribbean on April 3.

                          The tickets were free with airline miles, and the condo was paid for from her account which isn't involved in BK. I don't feel bad at all taking the vacation, as a matter of fact I feel we both deserve it after a long 6 months of stress and preparing for BK.

                          As for feeling back for my creditors...the mortgage companies that hold the notes on my investments properties will be the last thing on my mind when i'm soaking up the rays.

                          Comment


                            #28
                            Mama2four enjoy your vacation! Look at the thread I started and in many ways my situation is similar to yours but none of our six kids are going with us. We will document to the trustee as needed.

                            Comment


                              #29
                              Thanks guys! I hear you. Vacation is looking better and better!!

                              Comment


                                #30
                                Originally posted by BCA2009 View Post
                                If I had borrowed money from family and friends to me get by, I would never go on a vacation without paying them back. But BK has to to with getting a fresh start. Who cares what other people may think.

                                For those of you who think you shouldn't go on Vacation just as you have been discharged, when would you (or your nosey friends) approve of it? Do I wait one month?, two months?, a year?

                                If my family has been scraping by for two years trying to pay all of the bills, and now all of the sudden I have a little breathing room and can afford a vacation, it's nobody elses business what I do!
                                Thanks! I too have a similar question about being able to take a vacation. For the first time in our adult lives my husband and I have been able to build up quite a bit in savings, and will continue to be able to. We have secure, well-paying jobs, we just made some big mistakes, one of which was buying an old house that has killed us with upkeep costs. I absolutely understand that I will want to have a as much in savings as I can, but if I can do that and still pay for a vacation, is there anything wrong with that?

                                Comment

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