Debtor's Exam Need to Delay

[DesdemonaB]

Desdemona, from my very limited reading here I would say no - after all, the OP would simply be using the law to his own devices. Never mind the fact that even IF he does go to the debtor's interogatory, what is to stop him from doing the following:

1) he says he has $X in bank Y

2) on the way home he takes most of his $ out, and "spends" it on reasonable and necessary "stuff"

3) files for BK and the judgement is stayed....

Thanks so much IamOld

I know very little on APs which is why I asked, it just stuck in my head as a "what if" thought, it was never meant to be a "could" happen statement. Thanks for education, I hope all goes well with the OP.

[IamOld]

Desdemona, I'm the ultimate pessimist - so yes, I would be asking the same question!!! :-)

[Is the glass half full or half empty? My answer - "WHAT GLASS??"]

[HHM]

I would say almost no risk of AP. An AP would need to prove fraud in taking out the underlying debt, not that the debtor filed a specious motion in state court.

[catleg]

The question I have is, what don't you want to disclose at the debtors exam?
If it's money in the bank, as IamOld points out, you can withdraw it on the way home.
If it's your job you can file BK before the wage garnishment occurs.
As HHM points out, a preference is not a problem for you, it's a problem for your creditor.

[GIn]

As HHM points out, a preference is not a problem for you, it's a problem for your creditor.

Sorry, I used the wrong term. I used my credit cards for various purchases two months ago. I was on a business trip and had to buy gas and there are some hotel charges. I think maybe even a $200 plane ticket. None of the individual charges exceed $600 but a couple of the charges to one single creditor add up to $600. I suspect that is a problem, maybe someone could help me clarify that?

I wasn't planning on filing yet and wanted at least a clean 90 days and I wanted to make as many payments on the cards that I charged on as I could before I filed. Everyone on this board says to plan and not rush into filing. That's what I'm trying to do. This debtor's exam came as a surprise and threw a kink in my timing. I live in a small town. I would prefer not to have my entire world on display to my creditor during the exam.

[HHM]

Sorry, I used the wrong term. I used my credit cards for various purchases two months ago. I was on a business trip and had to buy gas and there are some hotel charges. I think maybe even a $200 plane ticket. None of the individual charges exceed $600 but a couple of the charges to one single creditor add up to $600. I suspect that is a problem, maybe someone could help me clarify that?

I wasn't planning on filing yet and wanted at least a clean 90 days and I wanted to make as many payments on the cards that I charged on as I could before I filed. Everyone on this board says to plan and not rush into filing. That's what I'm trying to do. This debtor's exam came as a surprise and threw a kink in my timing. I live in a small town. I would prefer not to have my entire world on display to my creditor during the exam.

Really...not going to be a problem. I take it, you really haven't spoken to a lawyer or you spoke to some lame ones. Charges for necessary expenses, and just in general, charges less than $1000 in the 90 days filing bankruptcy are a non-issue.

Show up to the debtors exam and file your BK ASAP.

Honestly, you are risking a contempt finding over $600. The WORST case scenario is that the $600 is declared non-dischargeable (big deal), and frankly, that is not going to happen. Go file BK yesterday.

[GIn]

The WORST case scenario is that the $600 is declared non-dischargeable (big deal), and frankly, that is not going to happen. Go file BK yesterday.

Okay, one more kink. I had some repairs done on the house five months ago. I used an advance check on a line of credit for $15k to pay for it. That's another reason I don't want to file yet. I think I need at least six months of payments back to that creditor so I don't trigger an AP on that charge. $600 may be a no brainer towards rushing to file, but $15k is another story.

[AngelinaCat]

You are entitled to make repairs on your home, after all you must keep it in good shape so that you and your family will be safe and secure and comfortable in it. Reasonable repairs are okay. If you have opted for Italian Carrera marble imported from Italy and gold faucets--that might be another story, but for everyday normal repairs, it is okay. Lord knows, we need a roof on our house now--that is at least 3K, but will have to wait until we save up. But you are okay.

NOW. What is the REAL reason that you don't want to file?

[justbroke]

Okay, one more kink. I had some repairs done on the house five months ago. I used an advance check on a line of credit for $15k to pay for it. That's another reason I don't want to file yet. I think I need at least six months of payments back to that creditor so I don't trigger an AP on that charge. $600 may be a no brainer towards rushing to file, but $15k is another story.

Repairs on the home??? Methinks you are overthinking this.

[GIn]

Repairs on the home??? Methinks you are overthinking this.

I hope so. I tend to over analyze and make things difficult when they should be easy. I'm afraid that bank will see the $15k figure and file an AP. From their perspective I wouldn't think they would care whether the funds were spent on repairs to the home or a luxury vacation. $15k is $15k.

Angelina - I've studied these boards and I want to do everything I can to file on a day where I can be sure I walk away in 90 days with a discharge. All of the advice has been to wait six months from that large cash advance and wait 90 days from last CC purchase. Now I see three of the most respected posters on this board telling me to disregard everything I've read here. You have no idea how much I want to file tomorrow and get this all over with. I just didn't think that was an option for me.

[AngelinaCatHub]

I hope so. I tend to over analyze and make things difficult when they should be easy. I'm afraid that bank will see the $15k figure and file an AP. From their perspective I wouldn't think they would care whether the funds were spent on repairs to the home or a luxury vacation. $15k is $15k.

Angelina - I've studied these boards and I want to do everything I can to file on a day where I can be sure I walk away in 90 days with a discharge. All of the advice has been to wait six months from that large cash advance and wait 90 days from last CC purchase. Now I see three of the most respected posters on this board telling me to disregard everything I've read here. You have no idea how much I want to file tomorrow and get this all over with. I just didn't think that was an option for me.

Yes GIn, but you are getting the best advice from the information you have supplied. Now a 15K "new" arrival pops up. What are we to tell you if your situation constantly changes? All opinions here by whom you call the best of the forum, are still opinions and not legal advice. It is time to get a lawyer on this one fast.

If you file BK and do this after your hearing, the creditor will know just how broke you are, and the BK will be successful. Nobody wants their business to go Public Record, and I doubt it would get out anyway, but being broke is not a sin. However, if you do have an asset you wish to protect that is not exempt, be prepared to give it up and get on with your BK and life. We have given you the best we've got with what you've told us.

Preparation is preached here. It was by your action (ignoring the interrogatory) that conditions have changed. Now you MUST face the consequence. If you BK7 and that one creditor is held non dischargable, you can immediately BK13 in that and pay it out for five years. Toss your coin and take the chance, you could just get by it all. there is no debtors prison. There are bench warrants though. 'Hub

[DYLAN150]

Hub: There are bench warrants though. 'Hub Are you referring to not showing up for a debtors exam?

[DesdemonaB]

I am little with Hub’ here..

GIn this board gives fabulous advice (not legal counsel) based on the information an OP provides; this advice may open up a heated discussion, it may not be what the OP wants to hear, but it never meant to mislead, lie or cause the OP any legal losses.

But if you do not provide the full facts, the board can’t help you.

This thread alone, you went from filing in 30 days, to 90 days to 6 months, from first a preference payment to credit use over to 600 dollars, to a cash advance of 15K five months ago. These aren’t kinks in timing they are omissions of the facts in your original question.

Basis on this thread alone you have no choice but to attend the Proceedings Supplemental next week because you made the decision to ignore the first written request. Even if you file a motion of continuance you still have to have a reason that BOTH the court and Plaintiff will agree to and get that approval prior to your court date. I would spend the weekend reviewing your state and federal exemptions on garnishment if I were you.

I wish you nothing but the best of luck next week, and the last bit of advice I could give is: no one can help you if you omit facts – not this board, not your lawyer and your dream of a paper perfect BK and a 90 day discharge will never happen.