top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

just filed w/lots of questions, concerns

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    just filed w/lots of questions, concerns

    Hi all. I'm new to the boards, but wish I had found this forum before filing!

    DH and I just filed for chpt 7 on Friday, but now I have a lot of questions and concerns. of course I will also check with my lawyer tomorrow, but just wanted to see what you all think.

    We were doing really well last year at this time. Our credit score was near 800, and we had no credit card debt. However, we decided to open up a business just last year, and unfortunately, the business did not thrive and took a nose dive as soon as we opened our doors. Because the business loan was personally guaranteed by us, as well as all business ccs, we were forced into a chpt 7 personal BK, and will be letting go of our house as well, since the business loan has a lien on our house. well, like i mentioned above, we just filed on 5/29, but now that i am reading these boards, I have some concerns.

    1. Back in April, we made some big purchases, including two plane tickets to Asia equaling about $3800. I also made some reservations at hotels we would be staying at for about $300, twice. At around the same time, I finally replaced my lost wedding ring (lost it two years ago). This cost me about $1900, but on the resell market, it is only worth probably around $500-600, if even that since my stone is just a cz (a nice one, though : ) ). I used my debit card to make these purchases. The only reason why we decided to make these purchases was because we were getting a tax refund of around $21,000. Our lawyer said that he would be able to exempt this money because we were giving up our home and weren't planning to use the homestead credit. At the time, I didn't even think to watch my spending, since the lawyer did not mention anything about making sure not to make big purchases. I'm just afraid now that the trustee might question why we were making such big purchases. Do you think we will be okay, however, since the lawyer said he would've been able to exempt up to $21,000 cash? When we finally did get to filing, we only had $13,000 in our emigrant direct fund, and only about $1200 in checking. So I'm pretty sure that even if I hadn't spent that money, the lawyer would've been able to exempt it. So my question is, do you think we have anything to worry about?

    2. When we started the business, we also borowed money from my MIL. She took out a home equity loan for us, and we have been making payments directly to her mortgage company from our bank account. I know that I will need to add her to our list of creditors (will have to have the lawyer make an ammendment tomorrow), and we will stop making payments to her beginning this month. My question is, do you think the trustee will go after her for this money? It's not like we suddenly just started making big payments because we knew we were filing. infact, we only made the minimum payments to the loan, and we've been doing this long before we even knew we would have to file. Since the inception of the loan, we've paid about $4500 over the course of the year. IF the trustee decides to go after my MIL, would my lawyer be able to exempt that money, since we still have room for exemptions?

    3. Let's say if a relative decides to give us a gift in a form of a check for say like $5,000 to help us make a transition, but the check was given to us after the filing date but before the 431 meeting, will the trustee have a way of knowing if we deposit said check into a family member's account, who will then later give us the money?

    Sorry this was such a long post, but we just have so many questions now. Please advice. Thank you all.

    #2
    So the big purchases were made on your debit card not your credit card?

    Comment


      #3
      Trustee wanted my bank statements right up until and even a little after the date of the 341. Hope you didn't put the $5K in a bank account.
      Filed Ch 7 - January 29th, 2008
      341 - February 29th, 2008
      Discharge - June 20th, 2008
      Closed - October, 2008

      Comment


        #4
        Yes, the big purchases were made on my debit card, and the funds came from my checking account. We stopped using the cards back in February. No. I did not put the 5k into the bank account. If I wait to deposit the check after the court date, but the check is dated 5/2 (after the date filed, but before the 341 mtg), could I still be in trouble? How likely is it that the trustee would ever trace down this check and see what date it was actually made out to me?

        Comment


          #5
          Originally posted by newme View Post
          Yes, the big purchases were made on my debit card, and the funds came from my checking account.
          Then you didn't borrow the money - you paid it out of your own pocket. Nothing to worry about there. If it gets questioned (unlikely), just explain what you did.

          If I wait to deposit the check after the court date, but the check is dated 5/2 (after the date filed, but before the 341 mtg), could I still be in trouble? How likely is it that the trustee would ever trace down this check and see what date it was actually made out to me?
          This is something to ask your lawyer. Whether it could be problematic or not depends on the trustee customs in your local bk court. For example, if your trustee asks you during your 341 meeting if your income has changed since you filed, and you just deposited $5K into your bank account, what are you going to answer?

          Best to wait to deposit after the 341 to avoid that situation. And be sure to discuss what to do with your own lawyer who knows your situation and how your local court operates - he/she will have the most reliable answer for you.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Exactly, that is why I asked to make sure which one the OP used.

            Originally posted by lrprn View Post
            Then you didn't borrow the money - you paid it out of your own pocket. Nothing to worry about there. If it gets questioned (unlikely), just explain what you did.

            Comment


              #7
              Thank you all for your thoughts! My biggest worry was the spending issue. As for the check, I will just hold off on it. Does anyone have any thoughts on the payments I've been making to my mother in law's mortgage company? The trustee will surely see that in my bank statements. Will I be okay to just not worry about that until the 341 mtg? I mean, as long as we claim my MIL as a creditor, then we can at least be able to explain those payments if the question does come up at the mtg, right?

              Comment


                #8
                If you owe her money, then she is a creditor and I don't see why they would have an issue with that. As long as you have a paper trail, you should be fine.

                Comment


                  #9
                  Thanks you all. I feel better about my situation today! Just spoke to my lawyer about adding MIL, and all should be fine now, i hope : ) .

                  Comment


                    #10
                    as far as the spending issue....it may not be looked upon as very smart bk planning...but if the money was to be exempt then my assumption is the propert you purchased should also be exempt and it shouldn't be an issue. The trustee may frown but really won't be much he can do.
                    Chapter 7 Pro Se....Discharged Feb. 2006

                    Comment

                    bottom Ad Widget

                    Collapse
                    Working...
                    X