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    is anyone taking holiday vacations

    We have stop paying credit cards, there is money left from what should be going to those pmts.

    We would like to go see our family for thanksgiving, they are 1500 miles away.We have not seen them in almost a year. We are going to drive there, so that we can take our dog with us.

    We are going to file most likely by the end of February, would taking a vacation raise a trustee eyebrow.

    #2
    I would not think this is a problem at all, as long as its not a "luxury" type of vacation.
    Filed Ch 7 -- July 9, 2008
    341 mtg ---- August 14, 2008
    Discharged ---- October 17, 2008
    Closed --------- December 11, 2009!

    Comment


      #3
      People see family over the Holidays. It is reasonable to drive a few states away to see yours that you have not seen in 12 months. In fact, I'm not sure how this would ever come up with the Trustee unless you volunteered it for some reason. I would pay for the gas with cash (save up); not credit cards.

      As far as other vacations, I cannot imagine *anyone* on these forums, who is genuinely living paycheck-to-paycheck, would be able to afford any kind of vacation. Given the price of fuel and high costs lately, many people I know are taking "stay-cations" where they are staying local.

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        #4
        we would be paying for gas, travel expenses out of a paycheck, no more credit card use for us. We stop using them 3 months ago.

        I guess that is my concern, when you are supposed to be living paycheck to paycheck how do you explain a cross country vacation. Maybe I'm just being paranoid.

        Comment


          #5
          Originally posted by findingawayout View Post
          I guess that is my concern, when you are supposed to be living paycheck to paycheck how do you explain a cross country vacation. Maybe I'm just being paranoid.
          Even the paranoid have enemies... ;)

          Seriously though, I understand your scrutinization of every single thing you do now. It's "normal" given you are being so careful. However, how would the Trustee know/find out that you went to visit your family over the Holidays? (And even if he did, if you say you drove because that was cheapest method...) My atty told me (and I heard the same thing on here over and over again): let the numbers speak for themselves and dont volunteer lots of extra info. Answer what they ask.

          There is no way he will now you went to visit family. Is he going to ask how many times a day you go to the bathroom? Okay..... that seems far-fetched.... but I wouldn't sweat this one.

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            #6
            We had to take a trip of about 1800 miles round trip last spring (we drove). We did use some credit cards for the gas. Probably a total of around $260 - but on 2 different cards. We had no plans to file BK, but then it turned out a couple of months later that we had to file. This CC use was within the 90 days and was not challenged. But we had continued to pay on the CC's almost until we filed and only had small balances on those cards (around $500 each).
            Filed Ch 7 -- July 9, 2008
            341 mtg ---- August 14, 2008
            Discharged ---- October 17, 2008
            Closed --------- December 11, 2009!

            Comment


              #7
              Originally posted by findingawayout View Post
              we would be paying for gas, travel expenses out of a paycheck, no more credit card use for us. We stop using them 3 months ago.

              I guess that is my concern, when you are supposed to be living paycheck to paycheck how do you explain a cross country vacation. Maybe I'm just being paranoid.
              When you stop using the cards before filing BK, you find you have a LOT of extra cash you just did not have before. Most folks either save it to pay for the attorney/filing fees for BK or get major items fixed for which they may not have the cash after filing and since credit cards are all cancelled out and credit not available for a while. You will need to weigh out your own personal agenda against what is needed at this point in your situation and if you feel you can afford the gasoline for the visit, that is your option. It will also be noted during this time you stopped paying the cards but still had income coming in with no payments on the cards. You may need to ensure you keep good records in case asked where the extra funds went. Best of luck to you.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Originally posted by Flamingo View Post
                When you stop using the cards before filing BK, you find you have a LOT of extra cash you just did not have before. Most folks either save it to pay for the attorney/filing fees for BK or get major items fixed for which they may not have the cash after filing and since credit cards are all cancelled out and credit not available for a while. You will need to weigh out your own personal agenda against what is needed at this point in your situation and if you feel you can afford the gasoline for the visit, that is your option. It will also be noted during this time you stopped paying the cards but still had income coming in with no payments on the cards. You may need to ensure you keep good records in case asked where the extra funds went. Best of luck to you.
                Flamingo--you lost me (if this relates to Ch 7). Don't most people who file Ch 7 have negative cash flow *before* unsecured debt? How would someone have lots of cash? Of course, their negative monthly is helped by not paying credit cards suddenly, but it certainly does not result in lots of excess cash.

                What am I missing?

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                  #9
                  happy_ira - I agree with you. There is no cash. But then again, I am self employeed and the reason for the filing is sales are waaaayyy down - so my income is substantially less than before.
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

                  Comment


                    #10
                    I think they will know that we went on vacation, because we will be using our debit card for gas and expenses. would it be better if we just took the money out of the bank and used cash. If we did that would we have to keep the receipts.

                    And abouth the extra cash on hand, This will be the last check that we'll have extra money. Starting in december my income will be reduce by half. after that all our income would be just enough to cover our basic living expenses. I had to reduce my hours at work because of health related issues. If we don't take this vacation now, we probably won't be seeing our family for a while.

                    also pretty much the only expense will have is getting there and back, we are staying at parents house for free. It will be Thanksgiving week. Plenty of food and left overs around lol. Hmmm maybe they'll pack us food for the trip back. Driving from Los angeles back home to Houston.

                    thanks for all your responses.
                    Last edited by findingawayout; 11-04-2008, 10:08 AM.

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                      #11
                      We just took a weekend trip 3 states away for a family wedding. We paid cash/debit for it all. It wasn't a lux vacation at all, and it was truly in and out.

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                        #12
                        actually I believe the trustee can go back 6 months on bank statements. If you use your debit card it may show up there.

                        Comment


                          #13
                          Originally posted by njguy1972 View Post
                          actually I believe the trustee can go back 6 months on bank statements. If you use your debit card it may show up there.
                          Yes...That's why I was asking because of the 6 month look back period. So, would it be better to take money out of bank, pay cash, and save receipts. I mean I wouldn't try to hide the fact that we took a vacation.

                          My husbands grandma is 86 yrs old, when they are that age you want to spend holidays with them, you never know what can happen. She already has a hard time with the fact that we are so far away.

                          Comment


                            #14
                            Originally posted by findingawayout View Post
                            Yes...That's why I was asking because of the 6 month look back period. So, would it be better to take money out of bank, pay cash, and save receipts. I mean I wouldn't try to hide the fact that we took a vacation.

                            My husbands grandma is 86 yrs old, when they are that age you want to spend holidays with them, you never know what can happen. She already has a hard time with the fact that we are so far away.
                            Regardless if you take the $$ out of the bank or use a debit card for the trip, you still have to account for the $$. I would just go on the trip and (as suggested by previous post), DON'T offer any info UNLESS asked by the Trustee. You are allowed to "live" reasonably and I don't think taking a road trip is considered a "luxury"....Good Luck and don't sweat it!
                            May 2008 Hired 1st Attorney/Stopped paying CCs
                            May 21, 2009 Retained 2nd Attorney
                            May 28th - Filed for Ch 7 (FINALLY!)
                            9/11/09 - DISCHARGED!!!!

                            Comment


                              #15
                              Originally posted by happy_ira View Post
                              Flamingo--you lost me (if this relates to Ch 7). Don't most people who file Ch 7 have negative cash flow *before* unsecured debt? How would someone have lots of cash? Of course, their negative monthly is helped by not paying credit cards suddenly, but it certainly does not result in lots of excess cash.

                              What am I missing?
                              The OP wrote - "We have stop paying credit cards, there is money left from what should be going to those pmts."

                              When you stop making payments to credit cards, that cash is now available to you that wasn't before. It can be a large amount especially if you stop making your car payments if you are filing a Chapter 13 and are going to cram your vehicle(s). We stopped making our payments in 2/02 and filed 4/02. It was a shock to have the available cash that we were paying out to the creditors up to that time.
                              _________________________________________
                              Filed 5 Year Chapter 13: April 2002
                              Early Buy-Out: April 2006
                              Discharge: August 2006

                              "A credit card is a snake in your pocket"

                              Comment

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