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Motion for Relief of Stay -- Insane

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    #31
    jengo, RELAX!

    there is no red flag with closing bank accounts and nobody is going to bother even asking you about it. and if they did, your explanation is perfectly fine - it's totally reasonable to close an account to avoid fees! otherwise your fees feed those multi-million dollar bonuses for the bank executives - who wants that?!?

    there is also no red flag with taking out cash, 800, 300 - doesn't matter. you need to use your money to live.

    about the $200 to your husband, it's such a small amount that it doesn't matter either. it's even under the allowed amount for gifts to family members. technically, if you "borrowed" the $200 from him before filing, that "debt" is discharged in bk, so if you paid it "back" after the bk it was your choice to make. If you paid it back before filing, then you weren't really supposed to do that, but again, this is only $200 we are talking about.

    if the "family member" you have been giving money to to pay bills iis your husband, then be a little careful because it might be considered as increasing his income in his ch13 petition. why not pay the utilities directly? anyway, justbroke would know more about this than me.

    anyway, you are worrying WAY too much. so did I, by the way... i think you have nothing to worry about. and don't volunteer anything that the trustee doesn't ask about. answer only questions you are asked. you will be just fine. again, stop worrying!
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

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      #32
      Originally posted by music12 View Post
      jengo, RELAX!

      there is no red flag with closing bank accounts and nobody is going to bother even asking you about it. and if they did, your explanation is perfectly fine - it's totally reasonable to close an account to avoid fees! otherwise your fees feed those multi-million dollar bonuses for the bank executives - who wants that?!?

      there is also no red flag with taking out cash, 800, 300 - doesn't matter. you need to use your money to live.

      about the $200 to your husband, it's such a small amount that it doesn't matter either. it's even under the allowed amount for gifts to family members. technically, if you "borrowed" the $200 from him before filing, that "debt" is discharged in bk, so if you paid it "back" after the bk it was your choice to make. If you paid it back before filing, then you weren't really supposed to do that, but again, this is only $200 we are talking about.

      if the "family member" you have been giving money to to pay bills iis your husband, then be a little careful because it might be considered as increasing his income in his ch13 petition. why not pay the utilities directly? anyway, justbroke would know more about this than me.

      anyway, you are worrying WAY too much. so did I, by the way... i think you have nothing to worry about. and don't volunteer anything that the trustee doesn't ask about. answer only questions you are asked. you will be just fine. again, stop worrying!
      Music, thank you so much and I know, I know. I need to try to relax but so much easier said than done. Stressful times. I just want to make sure I do everything right. The 200 to him was done after I filed. My car broke down soon after I filed BK. No, wait, it broke down the day I filed. Oi. Wouldn't you know it. Come to find out it was a MAJOR repair, couldn't drive it. If I could, it only went about 2 miles before dying. My huband is fairly good with cars and said he may be able to fix it and did. Bought a refurb part for 200 and put it in himself. A lot of work he had to do but he got it fixed. I didn't technically borrow it from him so to speak. I told him I needed help because I couldn't do it. He said that's fine. Bought the part and then two weeks later said he needed the money back so gave him the money back. The utility bills are not being paid by husband. We have no connection financially together and it's been this way for many many years.

      My BK is extremely straightforward and easy There wasn't any buying on credit cards before that were excessive. Although was paying quite a bit to doctors for my son. I wasn't moving tons of money around, although had quite a number of cash deposits the last 2 or 3 months before filing and that was because I was borrowing money from family to help me and of course this was listed on my BK when I filed. I figure they're not interested in frying small fish for small technicalities or that I closed out 2 accounts a few weeks after filing, etc. It's not like the accounts had millions of dollars in them and then it just disappeared. I wasn't planning on filing for BK at all. When I fired prior legal representation on Jan 4 of this year, I then knew it was a real possibility of having to file for BK. When I got their final billing, I knew then there was no way I could do it. Within 3 weeks of getting their final billing, I filed for BK.

      I had to file about 13 years ago for a Chp 7 BK. I was 23 then and was having massive health problems like you wouldn't believe and was the start of my health problems. I didn't stress out nearly this much because I didn't have a crooked bunch of people after me. I just don't trust these people at all. They will do whatever they can to continue to hurt me and my family. But it seems it will all be over with soon. I just can't hardly wait to get a discharge hopefully and then I can get back with my life debt free with a LOT less stress and better prepared and planning for my future ad my son's as well. I have it laid out and what I need to do but I'm still at this spot with the BK and always in limbo and waiting. I wish it didn't have to take so long. I dread being stagnant and nonproductive. It really sucks.

      Anyway, I already plan on brining supporting evidence to creditor meeting on April 1 just in case the trustee asks for it and questions me about some of the areas they alleged in their motion. I don't want any further delays and better to be prepared than sorry type thing.

      Anyway, Music, Thank you, thank you, for being so helpful. It's a great forum here and wish I had found it before filing. But can also be a bit of a bad thing because sometimes you read other people's horror stories and that alone can freak you out sometimes. It also makes me look at my own situation and being thankful for my own situation, although convoluted with a lot of crazy stuff going on with the psycho group of people. I'm just glad my BK is extremely simple with no assets. I couldn't even imagine having to go through BK where you own tons of stuff, stocks, bonds, tons of accounts, etc., etc. My GAWD that would be so much work.

      Big hugs to you and thank you!!!!!

      Comment


        #33
        just watch your wordage, on one post you say your relatives "loaned" you money. i wouldn't use that word. better just to say they gave or gifted it to you. otherwise these idiots can try to claim you have, will or must be paying back those "loans" to your relatives and avoiding other creditors, i.e., them.

        Comment


          #34
          Originally posted by MrSmithster View Post
          just watch your wordage, on one post you say your relatives "loaned" you money. i wouldn't use that word. better just to say they gave or gifted it to you. otherwise these idiots can try to claim you have, will or must be paying back those "loans" to your relatives and avoiding other creditors, i.e., them.
          Actually, they were included as creditors in my BK filing as I was to list all creditors. I haven't paid them back. I wrote one check to my sister for 150 but that was for my dad's b-day coming up and this is written in the note part of my check. It is true. His b-day is coming up in about a month. My sister is throwing a huge b-day party for him...his 60th b-day. I have had other family members who have helped a bit but the other two where I was borrowing money from on a regular basis to help with what happened to my son, his doctor appointments, etc. Since I borrowed the money, they became creditors and were listed in my BK filing. Since I haven't paid them a cent on the amount I owe them with the exception of the 150 to my sister was to go towards my dad's b-day gift. There is no other evidence that I paid them anything and I haven't.

          Comment


            #35
            Originally posted by MrSmithster View Post
            just watch your wordage, on one post you say your relatives "loaned" you money. i wouldn't use that word. better just to say they gave or gifted it to you. otherwise these idiots can try to claim you have, will or must be paying back those "loans" to your relatives and avoiding other creditors, i.e., them.
            Also there is a family contribution of additional income coming in at 310 a month on my BK filing. One family member lives with me. She does help with miscellaneous expenses, sometimes will help with utilities, etc. But her role in the home is not to share costs of paying rent, etc., it is to help with my disabled son. I didn't claim daycare in my BK petition because the family member in my home helps with that and has saved me a lot of money in that regard. Not always easy finding daycare that has the right environment for a substantially disabled child. In exchange for monetary contribution to the home with the exception of what she helps with, etc., is to help care for my son and she has. All rent checks are in my name and will be producing this at the creditors meeting if I am asked who pays rent, etc. I won't lie to him. She does help with some expenses in the home. But again, in exchange and helping me to save money with daycare, etc., she has taken up this end of it for me.

            Comment

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