If that $13k check would cause you not to be able to file bankruptcy (i.e. too much income during the prior 6 months of filing BK) then you might consider asking your aunt to pay for your bankruptcy then give you the rest of the money after you file.
Alternatively, if you can cash the $13k check and it not affect your ability to file Chapter 7 BK you could cash the check, fund your 2009 Roth IRA with $5k, fund your 2010 Roth IRA with $5k, use the $3k for some living expenses and to file bankruptcy, then after your 341 meeting, withdraw the $10k (losing 10%/$1k for early withdrawal fees) and have $9k cash free and clear for your own use.
This is presuming that your state exempts IRAs/Roth IRAs/401(k)s like just about every state, if not every state already.
William
Alternatively, if you can cash the $13k check and it not affect your ability to file Chapter 7 BK you could cash the check, fund your 2009 Roth IRA with $5k, fund your 2010 Roth IRA with $5k, use the $3k for some living expenses and to file bankruptcy, then after your 341 meeting, withdraw the $10k (losing 10%/$1k for early withdrawal fees) and have $9k cash free and clear for your own use.
This is presuming that your state exempts IRAs/Roth IRAs/401(k)s like just about every state, if not every state already.
William
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