Very simple question

[Lajazz947]

If file on Dec 15th

If my 341 is Jan 15th

If I receive an partial advance on Dec 20th for a payment that will be made to me sometime late '09 can the Trustee take it since I have filed but it is before my 341?

[HHM]

Generally no.

Big Picture, why take an ADVANCE.

[Lajazz947]

Generally no.

Big Picture, why take an ADVANCE.

Thank you for the reply and yes, good question. I have a good answer:

Simply put so that I can give my son a nice Christmas, a nice decent Birthday party in January and my newborn has a baptism coming up.

Wife and I have decided that they are going to the only ones getting anything this year.

After all , the 5 year old and 6 month old had nothing to do with my stupidity in getting us into this mess so I will do everything that I can to keep Christmans happy for them and avoid causing the family any undue stress than the BK will already cause us.

[jeb]

I'm sorry - but are you serious in giving them THIS happy Christmas and Birthday when ALL of there Christmases and Birthdays in the future could be affected by how you handle this BK? (And they are only 5 and 6 months - give me a break)

Me thinks you better start to take things a little more seriously and think beyond the "here and now" unless in the future you are going to end up right back in the same situation you are in now. - jb

[HHM]

I'm sorry - but are you serious in giving them THIS happy Christmas and Birthday when ALL of there Christmases and Birthdays in the future could be affected by how you handle this BK? (And they are only 5 and 6 months - give me a break)

Me thinks you better start to take things a little more seriously and think beyond the "here and now" unless in the future you are going to end up right back in the same situation you are in now. - jb

I admit, I have to agree with this assessment. Laj, you are exhibiting the sort of spending mind set that get people right back into trouble..."just this once:, "its for the kids", "I deserve a treat", "I deserve a vacation." etc.

[anime-chicka]

I believe that kind of spending is referred to co-dependence spending. And it's a bad bad thing. I admit I used to do it a lot, and it was one of my many problems with spending.

So here's my blunt advice. Take it if you want; if you choose to ignore it, then that's your choice:

DON'T get the advance.

If your 5 year old can't understand that Santa won't be able to give him/her "the best Christmas evar!!!!" then there is a serious problem, and one that
needs to be addressed quickly.

As for the birthday party, why can't your wife bake a cake, buy an inexpensive gallon of ice cream and celebrate that way? I never ever got a lot for my birthday and I knew why: because my parents didn't have a lot of money. Most times, they'd invite their friends over to share the cake and ice cream, we'd play games and that was it.

And why can't you have a potluck for the baptism at your home? I've gone to plenty where everyone brought something and it was good.

I'm not saying all this to be offensive, but to be realistic. However, if you want to continue to go into a downward spiral and not learn anything, then I guess it's your perogitive.

[Lajazz947]

Relax

Hey, its not like we are living high on the hog here.

I just turned in my car as a voluntary repo, I now drive a 10 year old jeep Wrangler with no AC and plastic seats,, wife has a 2003 acura SUV that I insisted on getting a loan from a friend for so that the kids can be safe.

My 5 year old will probably forego private school next year, I have not bought a suit in 2 years, let alone new ties, the 6 month old wears the 5 year old's hand me downs, we have free standing heaters in the bedrooms to cut down on heating, unplug all the electronic items at night, use light sensor night lights, raised our insurance deductibles to keep our premiums lower, I work out of the house 4 days a week to save gas and my associate validates my parking the one day that I do go in, hell, my dog even gets cheap food now at the local latino market where food is cheaper and I am looking for a second job.

For their clothes we shop at Walmart and any books for my business are bought used on Amazon.

We use generic medicine, have no magazine subscriptions, cut cable to the basic, I have a beaten up cell phone instead of an internet type one, cut my own grass and wash my own cars.

We have no CC's and pay cash or use a Greendot debit card for everything.

No vacations in three years, not even short ones.

Anything else that you would like me to give up for my kids to have a nice holiday season?

I already wrote that only they will get gifts this year. A 5 year old deserves to be a kid and relish in his innocence during this time of year.

Yes, I take offense to this advice.

[HHM]

Yes, I take offense to this advice.

Which means we hit a nerve and whether you want to admit it or not, we are informing you of something you already know is true. You can play the victim all you want and give all the justifications and excuses you desire, the fact is, you are going to be spending money you don't have or haven't earned (late '09), not exactly the best financial decision in light of the fact you are in bankruptcy.

[Lajazz947]

Which means we hit a nerve and whether you want to admit it or not, we are informing your of something you already know is true. You can play the victim all you want and give all the justifications and excuses you desire, the fact is, you are going to be spending money you don't have or haven't earned (late '09), not exactly the best financial decision in light of the fact you are in bankruptcy.

No victim, I have admitted my mistakes and am paying for them but my kids will not pay for them.

[anime-chicka]

Hey, its not like we are living high on the hog here.

I just turned in my car as a voluntary repo, I now drive a 10 year old jeep Wrangler with no AC and plastic seats,, wife has a 2003 acura SUV that I insisted on getting a loan from a friend for so that the kids can be safe.

My 5 year old will probably forego private school next year, I have not bought a suit in 2 years, let alone new ties, the 6 month old wears the 5 year old's hand me downs, we have free standing heaters in the bedrooms to cut down on heating, unplug all the electronic items at night, use light sensor night lights, raised our insurance deductibles to keep our premiums lower, I work out of the house 4 days a week to save gas and my associate validates my parking the one day that I do go in, hell, my dog even gets cheap food now at the local latino market where food is cheaper and I am looking for a second job.

For their clothes we shop at Walmart and any books for my business are bought used on Amazon.

We use generic medicine, have no magazine subscriptions, cut cable to the basic, I have a beaten up cell phone instead of an internet type one, cut my own grass and wash my own cars.

We have no CC's and pay cash or use a Greendot debit card for everything.

No vacations in three years, not even short ones.

Anything else that you would like me to give up for my kids to have a nice holiday season?

I already wrote that only they will get gifts this year. A 5 year old deserves to be a kid and relish in his innocence during this time of year.

Yes, I take offense to this advice.

Let's break this down here:

1) the loan you got from your friend you will most likely have to declare when you do file, as you will with the cars (i.e., do you owe anyone money? yes, your friend) . If you're lucky, you'll be able to at least get them both in exemptions.

2)I have yet to get my husband in a suit, but only because he doesn't need one. If you work a job where you need a suit, Goodwill/Salvation Army does sell them for nearly next to nothing. There's nothing wrong with getting stuff second had. I grew up wearing second hand and I still shop at second hand stores. There is nothing wrong with it. Absolutely nothing.

3)I have no experience with private schools because my parents could not afford it. With one parent working and the other a SAHM, it was near to impossible to for them to even pay for the school related events I was involved in. I had a job at age 14 babysitting so I could fund my school trips.

4) As for electric and gas, get yourself on a balance budget program. most times they're cheaper than paying variable amounts every month. I've done it for as long as I can remember and my bills are significantly cheaper than others.

5) Handmedowns..see #2 above.

As for everything else, all I can say is good for you. However, your snarky comment of "what else should I give up" is not really making your case.

All I can say is that if you want to send yourself to martyrdom because you want to blow your money and get an advance for something that you might be able to give your kids next year, or the year after or even the year after that..well, that's up to you. You're the one that has to explain it to the trustee.

I have no kids, but I have a lot of nieces and nephews. When I told my siblings that there wasn't going to be anything from auntie anime-chicka this year, they understood. They were fine with it. When the kids found out, they were fine too. Most of them are not over the age of 5. If they can explain to them that Christmas won't be as nice, I think you can explain to your 5 year old the same thing. What's wrong with getting him/her an educational game? It lasts longer and has a lot more benefit than some toy that will be tossed aside after a few weeks of play.

Again, you don't like my advice, that's fine. Just remember that there will be many more Christmases and many more birthdays.

[magyar123]

If file on Dec 15th

If my 341 is Jan 15th

If I receive an partial advance on Dec 20th for a payment that will be made to me sometime late '09 can the Trustee take it since I have filed but it is before my 341?

That advance will have to be calculated into the 6 months earnings threshhold and then depending on your state's median income amount you might be sentenced into a Chapter 13.

[CindyLou]

Hi,
I just wanted to warn you about the small electric heaters. We decided a few winters ago when we were going through bk that we would just use a small heater in the bedroom and shut the door as to not use the central. Well, our electric bill tripled!! When I called they told me the central unit uses less energy. We switched back and it wasn't bad at all.

[Lajazz947]

Hi,
I just wanted to warn you about the small electric heaters. We decided a few winters ago when we were going through bk that we would just use a small heater in the bedroom and shut the door as to not use the central. Well, our electric bill tripled!! When I called they told me the central unit uses less energy. We switched back and it wasn't bad at all.

Wow, thank you so much. We have not yet gotten out bill yet so we will see.

We all sleep in one room so hopefully it won't be that bad but thank you for the advice.

By the way, sorry to have offended anyone with a "snarky" comment. I just know that we are doing all we can and the kids come first.

For the record:

I am sure that Anime is not the only one here that has seen sacrifice.

I was not born with some silver spoon in my mouth. I grew up in apartments, we did not have a house until I was about 16, I always worked, my parents had jobs, one had two, I went to public school and I took the bus and had paper routes and mowed lawns so no one call tell about sacrifice but you know what? I NEVER knew that we had any difficulties because my parents felt that they were the ones responsible for creating my childhood memories and they did a great job of it.

I intend to do the same. I am sorry of anyone disagrees but you only get to be a child once. I am not buying lavish gifts but I am not going to tell my 5 year old that we have no money when he asks what santa is giving him. What we have for gifts will be for him. It's not fair to him and I will work two jobs for a few months if only to see the smiling face come december 25th.

My parents lost everything they had in Cuba where they were EXTREMELY wealthy and then they started all over with nothing here in this great country of ours. My Mom worked at Bullocks and my Dad was a window installer.

I never heard ONE complaint and we never took lavish vacations or lived a lavish lifestyle.

As far as a potluck goes, we have many of them with family but we can afford to have ONE party where we celebrate the baptism and acceptance of our child to the world of Christ. I don't think that I am out of line here. We are not renting out the beverly Hills hotel or anything like that for God's sake.

As far as thrift stores go I shop at them just not for suits. Just not my thing, sorry and no offense to those who do, just my preference.

I'll buy books or most anything else though.

We all spend money on certain things and not on others. Some people I know won't wash cars or mow their lawns, I do. They might buy their clothes at thrift stores, I don't.

The last thing that I will mention is that Anime said she does not have any kids. That is all she needed to say for me to understand that perhaps she will never understad my point in willing to sacrifice for them, that is untilo she does.

But thanks anyway. I will consult with my attorney before I make any decisions.

Life is not that bad for me to be bitter, all I can do is learn from this mistake and make darn sure it never happens again which it won't, I guarantee it.

[anime-chicka]

The last thing that I will mention is that Anime said she does not have any kids. That is all she needed to say for me to understand that perhaps she will never understad my point in willing to sacrifice for them, that is untilo she does.

Whoa. Hold the phone there. So being an aunt, taking care of the children who bring me joy because I can't have kids myself doesn't count? Wow. Thanks for that. I'll be sure to tell my siblings that the next time I go to babysit. Apparently you missed the part where I told not only my siblings, but they in turn explained that their auntie wouldn't be able to give them a nice Christmas. I plan to make it up to them by being there for them on Christmas.

Whatever. I guess childfree not by choice has come to bite me in the butt again. Thanks for that.