Chapter 13 getting ready to file I tem sold befor consideration of BR

[smockb]

Hi guys, I sold a Table saw - unsecured debt- back at the end of September- i got $1900 for it, at that time I had not planned or even considered filing. I met with an attorney and my best course is going to be a 13. I filled out the paperwork and the sale did not cross my mind. I sold it on Craigs list for cash, I dont even have the guys name I sold it to. Since this is a chapter 13. Do I need to call my attorney and tell him before this is actually filed. On the paperwork I only recalled being asked about secured debt- But I may be wrong- How much of a problem will this cause me? I used the money for living expenses- that was when things started getting tight and I needed the money- Any help appreciated.

[LadyInTheRed]

It may be that the sale should be included in item 10 a. of the statement of financial affairs: http://www.uscourts.gov/uscourts/Rul...rent/B_007.pdf

Call your attorney and let him know so he can disclose it if necessary.

It won't be a problem. If it comes up at all, the trustee may ask you how you spent the money to make sure you aren't hiding the cash under your mattress. Even if you still had the cash and couldn't exempt it, it wouldn't be an issue in a Chap 13 as long as your plan pays unsecured creditors at least $1900 in addition to any other minimums there might be (i.e. arrears on secured debt or other priority claims).