Can I travel after I file Chapter 7?

[jazzladyw]

Hey everyone. I'm close to the filing date, lawyer is typing up the petition. I just need to review and sign it so they can file. Hopefully within a couple weeks. I want to take a 3 day trip in September to Chicago. Can I spend anything after filing but before discharge? I'm married but filing alone. Is my husband allowed to purchase the tickets/hotel for me? Not sure what's allowed/not allowed. Any help would be awesome. Thanks.

[free2breathe]

You should be fine with a three day trip. If you were taking a 14 day cruise right after filing, that would be a little more suspect. I know how you're feeling, as I think we've all been in that "what if I get called out for spending on anything extra" frame of mind. Our trustee didn't question any expenditures between filing and our 341. Take a deep breath and enjoy your little get-away

[dman]

You're allowed to have a life between filing and discharge. You don't want it to be too extravagant, though.

I'd see no problem with having your husband pay your way. If the trustee asks about YOUR spending...then this wouldn't count. What your husband chooses to spend his money on is his business, right?

[jazzladyw]

Thanks guys. :-)

I just wasn't sure if that was even allowed. I'm so afraid of screwing things up everytime I spend a penny. I didn't think of filing months ago, so my previous bank statements are all over the place (I work at the mall and visited the foodcourt on my breaks semi frequently. Easier than packing a lunch.) I used my debit card (again the easy way) and it shows up on my old bank statements. Not to mention Christmas and birthdays, etc. Even now there's been holidays and birthdays I had to buy for (made sure I didn't spend alot.) I feel guilty.

I really need this time away in September, but I'm afraid to do anything. I don't want to go through everything that I'm going through right now, and have it be for nothing if my case gets dismissed for presumed abuse. Fear is a great roadblock. My husband is getting mad at me cause I keep saying "Don't buy that! They'll throw put my case if you do!" I'm basically driving him nuts. It's just that this is the federal government that we're talking about here. You don't wanna mess with them, and I font want to go to jail for fraud. Yikes! Am I a mess or what? lol

[jazzladyw]

That should be don't, not font lol

[LadyInTheRed]

My husband is getting mad at me cause I keep saying "Don't buy that! They'll throw put my case if you do!" I'm basically driving him nuts. It's just that this is the federal government that we're talking about here. You don't wanna mess with them, and I font want to go to jail for fraud. Yikes! Am I a mess or what? lol

It sounds like you are worrying too much. You aren't committing fraud by spending money. Just don't incur additional unsecured debt and you will be okay. Also, don't buy anything that you won't be able to exempt.

That should be don't, not font lol

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[jazzladyw]

Thanks Lady. :-)

If I was to do this on my own, then I'd be using my cash for the train ticket and my debit card for the hotel (it has the visa logo on it) plus cash or debit for expenditures while in Chicago (nothing fancy). I can have my husband purchase the train ticket and use his paycard (visa logo) for the hotel. Which can I do.... my money, my husband's money, or a combo of both? I know I might be over thinking things, but I'd rather err on the side of caution than do something foolish without thinking.

[AngelinaCat]

About the time we filed, a great-grand uncle gifted me some cash with the stipulation that it was to be used ONLY for me to get to my 'other love', the Tall Ship ELISSA, in Galveston for a week of R & R, helping with her maintenance, and getting me away from all the *S*T*E*S*S*. Obligations at home with stupid lawsuits from our Enemy, kept 'Hub home, or he would have gone too. Meanwhile, I was able to camp on-site, help with the ship and museum, and generally have a good relaxing and rejuvenating time.

Have a good time and try to relax a little bit.

[dman]

I know what you're going through. It's very stressful to not have someone walk you through every single step.

Normal disclaimer first. I'm not a lawyer, run everything by your lawyer first...don't take my advice, etc. etc. That said...here's what I might do in your position:

#1. Do not hide anything from the trustee. Nothing I say here is meant to deceive anyone. If you're asked about something, answer truthfully.

#2. You're filing bankruptcy. It's ok to spend a little money for an occasional weekend trip. It's probably NOT ok to treat your entire extended family and a dozen of your closest friends to two weeks at Disney.

#3. Since you're filing individually, your finances will be scrutinized more than your husband's. You have to worry a bit about what you're spending your money on...your husband can (probably) spend his money on whatever he wants.

#4. Due to #3, I would recommend that you spend all your money on bills and other essentials. Essentials include "true" essentials like food and shelter, to health insurance and dental care, your cable bill and cellphone, all the way to things like Friday night date night (maybe not at a place like Morton's...but a place like Applebee's followed by a movie, plus cost for babysitter, would probably be ok).

Now, it's not as simple as having you pay all the bills, and using your husband's paycheck for purely frivolous expenditures. Rather...it can only help your case if your finances show all your money going to essentials, with little/no left over each month.

#5. If your husband wishes to give you access to his money to buy stuff for him (and if he wants to buy a motel room for you so you can get out of his hair...er...de-stress for a bit, so be it), there's two easy ways to do so. #1, add you as an authorized user to his existing card (debit, credit, doesn't matter). Make absolutely sure you're an authorized user, and NOT a joint owner. #2, get a prepaid card in his name, and add you as an authorized user. I'm thinking something like the Wal-Mart MoneyCard. It's not an actual bank account, and it's not in your name, so it wouldn't have to be disclosed as your money (because it isn't).

#6. You'll be most scrutinized for the time period leading up to your actual filing. So just don't book the trip until after you file. After you file, have your husband book the trip if you still wish to go. If you file July 1st, your 341 will be around August 1st, well before your trip (and well before you'd be spending any money, whether yours or your husband's, on a future trip). If you are specifically asked about any future travel plans, of course you'd have to answer truthfully. Just read the 341 forum on others' experiences...I can't remember a single one where someone was asked if they were planning a vacation in the future.

#7. RELAX! Yes, until your 341 (and to a lesser extent, your discharge) your bankruptcy will be in the back of your mind, and you'll question every little thing you do. Just don't go on a crazy shopping spree, spend sensibly, and try to relax as much as possible. Once you file, it'll (probably) all be over in approximately three months. It won't be as bad as you imagine, and it'll all be over soon!