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Salary checks can i cash them and hide them before aapplying for BK

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    #16
    i am asking if i cash a paycheck a few days prior to filing?
    i dont understand if the trustee takes all my money from the bank account to pay credit crads loans and things.
    the next day i will have 0 in my account how can live one day after bankrupcy goes trough?

    that is way i want to pull out money 3 mothes before bankrupcy or maybe it should be more ??

    the only way for me as self employed is to cash the checks i get

    thank you

    Comment


      #17
      i am asking if i cash a paycheck a few days prior to filing?
      i dont understand if the trustee takes all my money from the bank account to pay credit crads loans and things.
      the next day i will have 0 in my account how can live one day after bankrupcy goes trough?

      that is way i want to pull out money 3 mothes before bankrupcy or maybe it should be more ??

      the only way for me as self employed is to cash the checks i get

      thank you

      Comment


        #18
        The first question is, if you are getting that check so close to filing why can't you delay your filing for a little bit. I would consult with your attorney. First off if it is considered income, then you only report income up to the month prior to filing, so it won;t be included in that, but the problem is, and I don;t know which state you are filing in, but there may be exemptions you can use to protect the funds. Otherwise, you can blow it on food, rent, contribution to your Roth IRA(up to the legal tax limit), basically normal living expenses, but the issue is you need time between when you get the funds and when you file to spend it in a reasonable amount of time.

        Good Luck
        Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

        Comment


          #19
          I'd also consult your attorney, if you are paid every two weeks try to file on the week you don't get paid. Sorry we misunderstood
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


            #20
            Originally posted by monk View Post
            i am asking if i cash a paycheck a few days prior to filing?
            i dont understand if the trustee takes all my money from the bank account to pay credit crads loans and things.
            the next day i will have 0 in my account how can live one day after bankrupcy goes trough?

            that is way i want to pull out money 3 mothes before bankrupcy or maybe it should be more ??

            the only way for me as self employed is to cash the checks i get

            thank you

            You need to speak with a lawyer. Many states do exempt some level of cash.
            There is nothing wrong with using funds in your account to pay necessary household bills and other living expenses. If you've not done so, stop paying all debt that you wish to discharge. That's how many of us were able to pay our living expenses.

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              #21
              With all due respect, these are questions you need to be posing to your attorney, someone who knows the specifics of your case, your state, your circuit, the habits of your local bk courts, etc.

              We can only give you an outline view of things ... at this level of technicality, you need to be discussing this with the attorney. Is there a problem there? Does he not return calls? Do you not trust him?

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                #22
                you won't be able to.

                First of all, you're going to need to produce pay stubs to the attorney from the last 6 months and file the last 60 days with the court. Also the court is going to want a copy of your tax return and also in most cases will request the last three years from the IRS, it's cousin if you will.

                Finally, if it looks like you knowingly hid information and it's found out....presumption of abuse.
                I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

                Comment


                  #23
                  in your plan, you're going to be allowed a budget. But in a 13, the main goal is to have ANY excess funds outside of necessary expenses, go to the trustee. there isn't suppossed to be any extra money at the end of the month, but you definitely are allowed food, gas, insurance, utilities, etc. into your budget to retain that money for that use.
                  I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

                  Comment

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