forbidden subjects...

[floridian]

from what little i read about the new bk laws, it mentioned that the lawyer is more responsible for any monkey business that a client pulls than before...so, the lawyer is probably not going to tell you some things are ok if it could come back and bite him in the butt.. so, you ask on the forum instead...

im fretting about money i made on ebay, as i dont want to look like i have more disposable income than i really have... the ebay was just a temporary increase in monies..

i was just at the point of having to rob peter to pay paul... maybe i need to continue doing this for a while longer, to distance myself from the paypal thing, before i file.... the lawyer may not like this question...
any thoughts?

[keepmine]

Tell your lawyer everything. How can he help you if, he doesn't have all the facts?

[danaf]

Just wait 6 mos and let the extra income fall off - if you can.

[Flamingo]

Attorneys and trustees are aware of Ebay and Paypal accounts. They are easily traceable through any account you have linked to them. Always be open and honest about your situation because it can come back to haunt you later if you try to hide something.

[floridian]

i can still pass the means test with the paypal, but i dont want to complicate things... i sure dont want to wait 6 months and have to put up with the phone calls...
i guess i will find out what he thinks about it tomorrow...

[Tbornetun]

If you still pass the means test than don't worry about it. Include the income and file.

[gymbofreak]

I never knew they had to be reported. Granted mine was not like a business but I sold quite often. Youll be fine, file!

[Tbornetun]

Most don't worry about it and don't include it. They don't even think about it and it is never discovered.

[Confused33]

It seems like you're trying to hide an aweful lot. If you're making money with Ebay or craigslist can you dig yourself out of this without bankruptcy?

Stop feeding the cats, sell one of your motorcycles or sell both bikes and keep the Toyota. Keep selling stuff on Craigslist but only accept cash so you're not giving money to Paypal, ect.

Maybe if you put as much effort into getting out of your situation as you do trying to find ways around the law here you might just end up alright.

[floridian]

mr. confused...it seems like you have all the answers, what are you doing in bk? you are talking about putting money in your wifes account...what do you call that? you have two homes, i just gave up the only one i had... it sounds like you just want to bust my chops...

there will be no more selling on ebay etc... i had to sell my prize possessions (my saxophone)and stuff that was dear to me, to get money for lawyers and moving... i would hardly call that a scam.. this was stuff i would never have sold under any circumstances...im not an ebayer, except in emergencies...its not like i have a second business...

selling the cycle is not an option, im 5 grand upside down and you cant give away harley davidson at this time...
stop feeding the cats, i doubt it... you sound like a real kind person!

im not trying to hide anything.... i could go on living off credit cards and max them out... i have plenty of credit left... but thats not honest in my book and i wont do it..
i just dont want to get screwed, when im on a fixed income that only changes three percent a year..
and where did you get your money for a lawyer? if you had money for a lawyer, maybe you really didnt need to go bk..

[HHM]

If you withhold something and it comes and bites you in the ass, that is all your fault.

If you disclose it, then the lawyer can come up with options.

[Lajazz947]

It seems like you're trying to hide an aweful lot. If you're making money with Ebay or craigslist can you dig yourself out of this without bankruptcy?

Stop feeding the cats, sell one of your motorcycles or sell both bikes and keep the Toyota. Keep selling stuff on Craigslist but only accept cash so you're not giving money to Paypal, ect.

Maybe if you put as much effort into getting out of your situation as you do trying to find ways around the law here you might just end up alright.

I think that you are being way too hard on the OP without knowing his/her situation.

I am thoroughly prepared and I have a good attorney and I am scared as well.

I have found couple of things that I plain forgot to list such as an old 529 plan and an ING account with $8.41 in it but I still worry about them snopping around.

I am more fortunate than others but I still need to make choices and this is supposed to be a help forum.

Now............if someone asked how to commit fraud then that's a different story but I don't see this here.

just my two cents worth.

[Tbornetun]

Most don't worry about it and don't include it. They don't even think about it and it is never discovered.

I just wanted to clarify what I meant by the above statement. Most people who sell 1-2 items a month on Ebay don't remember or think about it as income, so it is a honest omission. If you haven't filed yet, I would include it as income, but you also have to take into consideration the costs with selling and the fact that they property that you are selling is an asset. Similar to if you sold a car a couple months before filing. Kind of a gray area depending upon what you are selling and whether or not it is an ongoing source of income.

Best advice, pull all your info together and let your lawyer sort it all out.

[Confused33]

mr. confused...it seems like you have all the answers, what are you doing in bk? you are talking about putting money in your wifes account...what do you call that? you have two homes, i just gave up the only one i had... it sounds like you just want to bust my chops...

there will be no more selling on ebay etc... i had to sell my prize possessions (my saxophone)and stuff that was dear to me, to get money for lawyers and moving... i would hardly call that a scam.. this was stuff i would never have sold under any circumstances...im not an ebayer, except in emergencies...its not like i have a second business...

selling the cycle is not an option, im 5 grand upside down and you cant give away harley davidson at this time...
stop feeding the cats, i doubt it... you sound like a real kind person!

im not trying to hide anything.... i could go on living off credit cards and max them out... i have plenty of credit left... but thats not honest in my book and i wont do it..
i just dont want to get screwed, when im on a fixed income that only changes three percent a year..
and where did you get your money for a lawyer? if you had money for a lawyer, maybe you really didnt need to go bk..

I meant no disrespect my friend. I was just offering my viewpoint. I don't have two houses, I have one. I was stating that I bought my second home, as in, had another and sold it (paid to get out of it which led to this situation) and bought this one a year later. I was asking about putting the money in the wife's account because of auto drafts and such and wouldn't have thought that doing that would help if someone here hadn't mentioned doing so when you stop paying creditors. I'm learning here just like you are.

I don't have the money for a lawyer. I'm using the money that would otherwise be going to my bills for two or three months to pay the lawyer. I still have the feeling of robbing Peter to pay Paul.

Lastly, what kind of Harley do you have? I sell bikes for a living. Maybe I can help? At this point though, if you're upside down like that then I would just let it go and buy another one down the line. If the market is very soft in FL then maybe you could pick another one up really cheap in the next few months??

Look at it how I do, whatever you're losing now and suffering under the payments of will be gone and you'll be able to save money and buy the things you want with cash. Sure it might take a little longer, but I'll feel much better knowing I don't have to pay for something for the next 5 - 7 years. ;) 20 years on my boat! GAG!

I'm just trying to help, I didn't mean to bust your chops nor was I trying to be hard on anyone. When you said you were making money on Ebay I thought you might have been onto something.

Oh! The cats! I wouldn't stop feeding them either! I read a very interesting article about the richest pig farmer in Las Vegas on an airplane a while back. He goes to all of the restraunts and picks up their scraps for free to feed his pigs, which eventually end up on the plates at the restraunts. This might sound far fetched considering your situation but if you do not have the constraints of a job right now then you might be able to set something up with a restraunt in your area and feed the cats for free! It'd be sort of like recycling in a way! It could suck, but it might make you feel good for doing a good deed in two ways.

My apologies if I came off harsh.

[floridian]

no problemo, i was probably a bit defensive!!
my stress level has fallen considerably since my talk with my lawyer this morning...
he said that i would list the ebay and it wouldnt hurt me, as im way below the means, not to mention that since im giving up my house, it also cuts me some more slack on personal belongings...

after reading some of the things on this forum that can bite you in the butt, i ran every scenario i could think of by the lawyer, so he wouldnt have any suprises...
he said he found nothing that would trigger a trustee....

i had to appreciate his honesty about the situation... he said that if it was him, that he wouldnt bother to file, as im judgement proof, although i would get sued and harrassed, but they would collect nothing.... he said that in the worst scenario, they might put me on a 13 for 3 years... if that happened, i could walk away and go back to plan A and learn to be thick skinned and it would be off my record in less time than a bk...

im shooting for the 7, as i dont need any stress... just get it over with...
he also said that i might get some 1099s from the cc companies if i just walked, but under the new deal, i can sign a form and not get one from the forclosure...

also, im going to keep making the cheep payment on the small motorcycle 135 mo... i might lose it in the credit union cross collateralization, but until they ask for it back, ill ride it.. he did say that after the bike was paid off in a few years, that the credit union may refuse to give me the title, but they cant come after me for anything else.. IM NOT saying that this is what im going to do, but its nice to know the best and worst scenarios...

i feel a lot better, knowing that i wont spend my golden years in debtors prison..
the lawyer said that now that hes retained, he will handle any creditors that call... sigh!