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Some good news! Now have questions, please.

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    Some good news! Now have questions, please.

    Hi again. I wrote Friday about my husband not wanting to file BK, he wanted me to file separately even though he also has a lot of cc debt. We talked this weekend and I showed him there's no other way out of the mess we're in. Thank goodness I've passed that obstacle!

    I don't know yet if we'll qualify for Chap. 7 because we're so close to the median (slightly over but have lots of medical expenses). If we wait til October, a recent bonus will fall off his income and that might help.

    He reminded me that a few years ago his elderly parents who live on Soc. Security asked us to hold onto $6,000 of their savings in case they needed to qualify for a Medical-paid nursing home, or something like that. He's had it in his checking account all this time. He also has $20,000 in mutual funds savings for our retirement which is just under the limit for the CA Homestead exemption. He's 10 yrs from retirement and not in good health so we really need that cushion. We don't own a home or anything else of value. Our two cars are old and costing a fortune in maintenance & repairs.

    Questions:

    1. What do we do with the $6,000? It's not really ours - wasn't a loan or a gift. Will it raise questions if we give it back to his parents 5 months from filing? Or should we use it for things we really need, like dental work, a new bed, and a down payment on a decent used car (which we would reaffirm), and then hope to save enough to give it back when/if they need it?

    2. I want to hire an attorney for all my questions but we're afraid that once we do, it will show intent and could cause us trouble if we go forward with the above ideas. Is that true, or can I hire one now?

    We're not trying to do anything sneaky, just confused how to do things right and not lose his parent's money.

    Thanks again for all your help. I'm sorry this is long and if these questions have been addressed elsewhere. I guess I'm not very good at the Search function.

    #2
    If you can put off filing until Oct. then, spend down. Also, if the money for retiremenmt is in an ERISA qualified account like an IRA or 401K then it is automatically exempt.
    most bk lawyers give free or lowcost initial consultations. Speak with a few and get all of your options exlained.
    I don't know what you mean by your qoute "showing intent". That'll on;y come into play if, you charge up a storm all of a sudden and a creditor objects to your diacharge. That would be aquestion they'll ask. But, adverserial proceeding are rare. Just stop using cc's now and you'll be fine.

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      #3
      Originally posted by keepmine View Post
      If you can put off filing until Oct. then, spend down. Also, if the money for retiremenmt is in an ERISA qualified account like an IRA or 401K then it is automatically exempt.

      The retirement money is just in mutual funds, we pulled it out of the stock market in October.
      So it's OK to move some of it into an IRA now?


      most bk lawyers give free or lowcost initial consultations. Speak with a few and get all of your options exlained.

      I've met with four attorneys but they just went over the BK basics. They only gave me 20 or 30 minutes, so wouldn't answer many detailed questions without looking at our case more carefully. I did find a lawyer I like.

      I don't know what you mean by your qoute "showing intent". That'll on;y come into play if, you charge up a storm all of a sudden and a creditor objects to your diacharge. That would be aquestion they'll ask. But, adverserial proceeding are rare. Just stop using cc's now and you'll be fine.
      I guess I'm paranoid!
      I was afraid that if I hired him and asked about buying a used car and what to do with the $6,000, it might raise questions. As you can see, I'm very ignorant about the whole process. I worried that giving them back their money or spending it down would look like unusual activity.

      I haven't used my cc's in a couple months but can't pay on them any longer. My husband used his cc recently in small amounts but he plans to stop charging now and make minumum payments for 3 more months.

      Thanks, keepmine.

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