Bankruptcy and Overdraft

[Joe90]

Last Question

Lawyer did not have good response to this question but said I should be ok as long as I do not withdraw an "exorbiant" amount of cash from my New checking account (since the court can see my checking for 6 months up to 341 meeting)

I am taking my daughter on vacation to Niagara Falls in July - about a week or 2 from the 341 meeting. The hotel was paid last February with my tax return so there will be no big expenditure on my checking account-

Question: What is the best way to save and take some money when we go?
I know my Lawyer said not to withdraw a huge sum of cash the week we go or it would have to be explained to the 341 trustee if he notices a large withdrawal- which he would. I am going to save $50 per week cash and keep it at home- so between now and July 19 I should be able to save about
$200- $300 to take plus I could withdraw say about $350 from checking and that should be enough for us when we are up there. Even if I withdraw another hundred or two while up there I don't think it would look too unusual- except that there would be an ATM withdrawal from Canada- which might look a bit unusual. Any thoughts? I am not trying to cheat the system or do anything wrong- It's just that I paid for the hotel 5 months ago with my tax return and It's really for my daughter's 21st birthday present

[keepinitreal]

Question: What is the best way to save and take some money when we go?
I know my Lawyer said not to withdraw a huge sum of cash the week we go or it would have to be explained to the 341 trustee if he notices a large withdrawal- which he would. I am going to save $50 per week cash and keep it at home- so between now and July 19 I should be able to save about
$200- $300 to take plus I could withdraw say about $350 from checking and that should be enough for us when we are up there. Even if I withdraw another hundred or two while up there I don't think it would look too unusual- except that there would be an ATM withdrawal from Canada- which might look a bit unusual. Any thoughts? I am not trying to cheat the system or do anything wrong- It's just that I paid for the hotel 5 months ago with my tax return and It's really for my daughter's 21st birthday present

Can you just use a debit card for your purchases in Niagra Falls and not use only cash on your vacation? Then your bank statement will show that you spent your money on food, etc. and the Trustee won't ask you what the $550-$650 in cash withdrawals went for.

[Joe90]

Question Re: 341 Meeting. Does the Trustee review my checking account statements at the meeting? Just curious if I may have to explain every single cash withdrawal or expense that shows on the Monthly statement fromy my checking account that I give to my lawyer leading up to meeting. I have taken out $200- $300 a few times for food and fixing stuff at the house now that I am not paying my credit card bills and have been able to fix things that needed fixing and finally have some food in the fridge and cupboards. I am also going to visit Niagara Falls this summer (Paid for the Hotel this past February with tax return- lawyer said this should not be a problem) and was wondering if trustee would say anything or question a withdrawal of say $400 for the week go away so I have money for food and gas when there. It's actually a gift for my daughter's 21st birthday and she asked me to go

[ldm]

Curious joe90 what has happened with this issue in your bk and 341 as I have a similar problem. Did you wait 70 days after last using the line of credit before filing? Thanks!

[Joe90]

Hi. I am 3 weeks from the 341 meeting. So far my lawyer said not to worry and that likely the worst that can happen is the trustee may force me to to payback the line of credit ($1900.00) There is nothing I can do about it- I was upside down with my checking account and whenever my pay check went into the account all it did for me was pay my overdraft and left me with no money so I was in a viscious circle that I could not get out of. I'm still nervous because I don't make a great deal of money, am a single dad with a daughter living at home with me and have a mortgage to pay. I am hoping the bank does not fight this and leaves it as is- but there is no way to know until the 341 meeting. The best I can hope for is no one appears at the 341 and no arguments- which my lawyer said is likely. Unfortunately I did spend a lot at Niagara Falls- food and the events are all terribly expensive and I ended up using $1000 from my checking because July was a 5 check month. I may end up having to pay that back too since I withdrew cash from an ATM in Niagara Falls- so the worst scence is paying the trustee over $2900.

[Joe90]

Re:

And no- we did not wait 70 days- we couldn't and had to file. I believe we waited about 45 days.