Need Advice on this one....am a little frantic to say the least

[altoonatown]

We're filing chapter 7 before the end of the month but have accumulated a fair amount of money in the checking account because we've still got rent checks coming in and our tax refund was 6,000...we're both retired and i'm on disability and our investments devalued dramatically since this whole thing started with the housing market so we were forced after robbing peter to pay paul to consider chapter 7...I didn't want to take from my 401K with all my medical problems soooo

the question is this...with the money in our checking account can I have someone trim trees (we're on 10 acres) and do yard work that I just can't do??? Is there any reasonable amount that could be spent without being foolish??

I have several birthday's coming up...grandbaby plus sister-in-laws....i usually spend upwards of $300 on my grandbaby.....will this be challenged

i've pretty much stopped living since this whole thing started and i need some support from someone else who's been there

[chicagoannie]

Does your attorney know how much cash you'll have on hand the day your BK is filed? What does (s)he say?

[altoonatown]

he will thursday when we meet again

[Cavedog]

I echo what chicago says. The best bet is to ask your lawyer.

I am assuming you are in Florida. You don't have enough specifics regarding your case, and I am far from being able to give perfect advice.
I live in Florida and NOT claiming the homestead exemption, so I am allowed 8K (there are two of us) in wildcard exemption, plus 2K more in regular exemption, so there is room in my BK planning for some cash.

Since you mention having 10 acres, I am also assuming now (double assumptions here) that you are going to keep your house, therefore you can pretty much only exempt a total of 2K total worth of personal property and that you have more than 2K in household items, therefore you cannot exempt the cash. If all the assumptions hold true, I will tell you what my attorney told me. Time can be your best friend. Is there a reason that you must file before the end of the month? If you waited a few months, would you be able to spend your cash down on normal living expenses? This is what we are doing, hence not filing until September.

As a parent myself, paying $300 for a grandbabies BDay sounds incredibly excessive if you are on the brink of a bankruptcy. I am even second guessing taking my family out to dinner for fear of getting a tough trustee. I guess if you could prove that you have always done this it would be easier to justify with a trustee if it comes up. Remember that anything you do especially in the last 6 months to a year can be looked at. As far as the tree trimming, can you document that it is needed due to a reason like complying with HOA/county regulations? Maybe the roots are interfering with your foundation or plumbing? With hurricane season approaching here in Florida, could the trees fall on your property and damage your house? Think creatively :-)

Good luck! I am sure more knowledgeable people will reply to you. I am just a rookie and this is my first reply to your post so take it for what it is worth!