personal belongings 3

[trimguy35]

Update! I spoke with my attorney, and she did not think i would have any
problems with my boat, i asked her if i could sale it, she said i could, just
have a check stub showing i paid my back taxes or child support, what i am
going to do, and it may not be right and i am selfish? i am going to park my
boat in the garage, say i sold it, and since i am self employed, so my
income is untraceable, i am going to cut a check to the irs, and say i sold
the boat, my attorney made it seem like this chapter 7 deal is cut and dry,
who knows, my income is only 35,000 a year, they are so backed up with
cases right now, they do not come to your home, unless they suspect you
are hiding something, if i made 100,000 a year that would be different,
i am going to have the title to my boat signed and noterized just in case,
and then i will flip it to a buddy , but at any rate right now i am more
concerned with my 03 chevy truck, i have 400 in late fees, although it
is caught up in payments, i need to get it caught up, and keep my home
caught up just to reafirm the loan, my attorney made it sound like ,
it should not be a problem, if it were a problem, we would just tell them
we were going to change to a chapter 13,and since i have always made
payments and have not gone past 30 days, i should be okay, and the bank
i have the loan with ,she has not had any problems with them? i just hope
she is right, otherwise i would not do this?, oh well, now i have to come
up with 904.00 dollars for attorney fees and filing fees, if anybody has any
input , i will be happy to hear it?....

[DeadBroke]

Just curious as to where you are located? I am looking for a attorney in central ohio.

[HHM]

Did you tell your attorney this plan? I am betting you didn't as its text book bankruptcy fraud, but oh well, good luck.

By the way, despite the back-up, guess who are high on the list to be audited, "the self-employed".

[hhou812hh]

Dude, you are asking to be forgiven from some serious debt. You are taking a big chance just to save a boat. Whether the courts are backed up or not this is the sort or stuff they look for especially in a ch7. In Bk terms there are 2 types of Bk fraud. CC Fraud which is when you use charge cards with no intentions to pay and hiding/transfering assets. The latter of these 2 is criminal and you can be convicted of perjury, pay fines and still have all those lovely debts waiting for you when you get released from prison.

I would re-consider if I were you...

[trimguy35]

personal belongings 4

Your probably right HHM , if i applied myself and worked harder to make
some more money this fall, i probably would not be filing, because i am
really not late on any bills too bad... that i couldn't get caught up on..,
I just really thought this was the quick, easy , way out of things...,
And i really have not made up my mind if i am going to do this or not,
i am just looking at all my options, i only started looking into this for
a couple weeks now, and i knew i had until oct 15.
SO... will see.. perhaps i might change my mind, my morals just might
get the best of me, its just a boat , if i sold it and got a couple
thousand out of it, and paid down my debt , my attorney said it
is perfectly legal?...is that true?... if not i would like to know,
because i know how alot of attorneys are, they are like everbody else..
the just want there money.. (not all of them), ,
so.. i might consult another attorney.., just to get more info?

[herekitty]

I don't think that consulting another attorney woluld be a bad thing - especially if this one is telling you that you might get away with fraud.

I'm not sure I'm understanding the boat question ... yes if you sold it you could use the money to pay down debt and keep some if you don't file.

Bankruptcy seems like the easy way out - but its not, there are major ramifications - read the post "Food for Thought." I think you should really be at rock bottom, if you were you probably wouldn't think twice about selling your boat to get by. I sold almost all of my belongings before even considering bankruptcy, I own a bed, a beat up dresser, a couch, a TV, a cat and clothes - that's it. No real luxury (couch is grandparents, a lovely plaid - now about 20 years old - can't even get a slipcover to fit the style) left in my life and I could kick myself for being in this position and not having anything to show for it ...

Take a step back, are you just over extended? Are there certain things that you could potentially cut back on? Being self-employed is great, but it doesn't seem like the most stable position to be in. What is your actual debt vs expenses out of curiosity ....

[HHM]

What exactly did this lawyer say was legal (1) selling the boat and paying down some debt, yes, that would be fine, so long as you got market value for the boat, or (2) hiding the boat in your garage, testifying under oath that you sold it when you didnt (i.e. perjury), and even going so far as faking sale papers to make it look like you sold the boat, but in fact not selling it. Somehow I doubt the lawyer said number 2 was ok.