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Would it be wise to give my son money BEFORE the discharge occurs

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    Would it be wise to give my son money BEFORE the discharge occurs

    Since Christmas is coming and all, is a bad idea to write my son a check for him to spend on him, wife, and my two grandsons? It is a far cry from what I use to CHARGE on gifts, but does that make any difference?

    I am concerned about "insider,conveyance,preferential payments, etc."
    Just want to hear what other bk readers might think, or what they are doing for gift giving this holiday season while waiting for case to discharge/close.
    (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
    :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

    #2
    After you've filed Ch 7 or Ch 13 you can give cash or a check to whoever you want before your discharge.

    The only time giving money to an insider can be a problem is if you do it within a year before you actually file.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Okay, thanks. Last question now.
      This answer you gave made me try to think back a year even. I don't think I did anything like this, but what would cause a look back to 1 year then?
      (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
      :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

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        #4
        Bankruptcy rules require it.

        Comment


          #5
          You'll see on the statement of affairs questions exactly about payments to insiders over the past year -- both loan payments and gifts. Of course, if you're doing it with cash you had when you filed, where possible it's probably better to avoid spending it before the court agrees you can keep it (trustee is happy after 341, or whatever).

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