Urgent! Please help! 341 tomorrow and now a huge problem!

[annamollie]

My husband received a wc settlement about a week ago. He opened up a money market acct and bought a cd at the same bank we use together...all in his name only. He also deposited $21000 into our checking to pay off his cc debt. The checking is now back down to $1000. Unfortunately, (we didn't realize before...assumed it wouldn't appear until next months statement) all of these transactions show up on the statement that I have to present tomorrow at the 341. I called the attorney today and although the secretary said that wc is exempt, she was still supposed to have him call me back. Well, he never called. Now I'm sitting here wondering what the trustie is going to say about all of these transactions. God, help me. We really screwed up.

[NYCountry]

No one ever looked at my bank statements.

[DeadManCrawling]

My husband received a wc settlement about a week ago. He opened up a money market acct and bought a cd at the same bank we use together...all in his name only. He also deposited $21000 into our checking to pay off his cc debt. The checking is now back down to $1000. Unfortunately, (we didn't realize before...assumed it wouldn't appear until next months statement) all of these transactions show up on the statement that I have to present tomorrow at the 341. I called the attorney today and although the secretary said that wc is exempt, she was still supposed to have him call me back. Well, he never called. Now I'm sitting here wondering what the trustie is going to say about all of these transactions. God, help me. We really screwed up.

Check this link. There may be a differing law by state but I doubt it.

Is your husband filing as well, or is this just for you? WC is explicitly exempted in most instances, even large settlements.

Keep in mind however, that the trustee COULD argue that when you deposited it into your JOINT account, that it became comingled, therefore entitling the BK estate to HALF. I suspect he wont even try, given the nature of the money received. To make sure, you should have proof of where the funds came from. You should be OKAY.

If this turns out otherwise, please post it, good or bad. I would like to know what happens.

I suspect your attorney didn't return your call because you have nothing at all to be worried about. Cruel, but true, attorneys, do this. They will, consequently sleep in peace, knowing there is NO problem at all-while YOU fret all night about it.

Heres the link:

http://www.nywb.uscourts.gov/decisions/jcn/267_In_re_HERALD.pdf

[annamollie]

No one ever looked at my bank statements.

The attorney specifically asked for bank statements in regards to filing day, but we'll see. Hopefully they won't ask to see mine either. *crosses fingers*

Check this link. There may be a differing law by state but I doubt it.

Is your husband filing as well, or is this just for you? WC is explicitly exempted in most instances, even large settlements.

Keep in mind however, that the trustee COULD argue that when you deposited it into your JOINT account, that it became comingled, therefore entitling the BK estate to HALF. I suspect he wont even try, given the nature of the money received. To make sure, you should have proof of where the funds came from. You should be OKAY.

If this turns out otherwise, please post it, good or bad. I would like to know what happens.

I suspect your attorney didn't return your call because you have nothing at all to be worried about. Cruel, but true, attorneys, do this. They will, consequently sleep in peace, knowing there is NO problem at all-while YOU fret all night about it.

Heres the link:

http://www.nywb.uscourts.gov/decisio..._re_HERALD.pdf

My husband is not filing with me. We knew that was a big NO NO considering the circumstances. Thanks for the advice, I'll be sure to take his court order along with me just in case.

I will post again tomorrow afternoon (meeting is at 12:30 ET) to let you know what happens. Wish me luck.

LOL! That's what I figured too...my husband's attorney never called him when there was nothing to worry about either.

[annamollie]

Well, my meeting is over and all I have to say is THAT SUCKED! My attorney didn't prepare me at all. He didn't even show up. He sent one of his subordinates. My husband had to answer some of the questions that were asked (from the back of the room) because I didn't have the answers...i.e., how much we received and paid for certain properties from a few years ago. Doh! Guess I should've known those answers. It would've been a piece of cake if he had prepared me, but as it was I was shocked at some of the questions. Plus, I knew I would be questioned, but I didn't know they were going to grill me about my husbands wc settlement.

All in all the guy that was there with me said it went fine. They just want me to send in the deed to our house to prove that my name isn't on it...not that there's any equity anyway. Hmm, now that I think about it... Why would they want that if there's no equity?

Oh, and they were pretty darn suspicious of me when I told them what city I live in. They had a different city listed because the two cities share the same zip code. Hey people, it's not my fault.

Anyway, they didn't look at my bank statements. But they did ask me how much my husband received as a settlement, how much was left and if I was entitled to any of it. That was quite a scary-heart-pounding shock! They also asked me his name, where he used to work, if we sued them and if I had looked into getting anything for myself as a caregiver. She seemed pretty satisfied with my answers. But I still need some time to get over that whole thing. Ugh. I never wanna do that again.

[DeadManCrawling]

Sounds like you did great. I am certain it was nerve wracking, but it sounds like you satisfied them, regarding the WC issue, which seemed your main concern. Let us know if anything else comes up over the mixup on the bank statements.

[annamollie]

Yes, that was my main concern and you're right, that part seemed to go fine. She wasn't interested in what she could get from my husband at all...just what *I* could give her. It was still a bit rough for my husband though...he thought his name was brought up more than mine. LOL!

As for the bank statements... The guy that was there to represent me said that as long as the settlement came in AFTER I filed (unless none was deposited into a joint acct), then we were in the clear. If not, he was going to send me home.

I was hoping to have some sort of relief afterwards like I've seen others post here, but I still don't feel it. Not really. LOL! I guess I'm having a hard time believing the hardest part is over. Now it's just waiting the 60 days.