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Financial "gift" after BK?

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    Financial "gift" after BK?

    Hi everyone, does anyone know anything about this situation? I have been fortunate to obtain some financial help for my return to school. I'm wondering what is safe to put in a checking account for this purpose, I'm guessing between 1-5K probably, in the form of a gift. My discharge was in Feb. 2006. I recall the trustee asking, "do you anticipate receiving any money." I have heard that checkings accounts can be monitored by the courts. I want no problems, just want to get on with further education. Thanks for any info.

    #2
    Chap 7 I take it?

    You should be fine as far as I know. Hubby was given a sign on bonus with work and it caused no problems.
    Filed 09/05
    Discarged 1/2/06
    Closed 1/13/06

    Comment


      #3
      Just to be on the safe side for now,..........

      I wouldn't even have that money physically in my possession.

      That was our attny's advise to us regarding the sale of our house. We came up $600 short and my In-Laws paid it. The attny said to have them send the money direct to the Title company and not have it in our bank acct or even let it go thru our hands.

      Just a CYA,............. Have whoever is paying the bill for your tuition to pay the school direct.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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        #4
        If your discharge was in Feb, I can't see any issues at all.

        Comment


          #5
          Nothing in the k code prohibits you from receiving a gift. 5 months podt discharge, nobody is interested in you anymore. Resume your normal life.

          Comment


            #6
            Six months after discharge should be fine just as long as this money wasn't hidden from the estate while filing. If you were to come into money such as an inheritence within 6 months after filing that would be different.

            Comment


              #7
              As others have said, this long after Discharge, you should be safe.

              I guess I'm getting very paranoid watching how every penny that's recorded in Bank Statements and such is spent. And the advice we got from our attny was because we have not filed yet. So our monies are still subject to scrutiny by the Trustee/Court.

              Personally, I'd rather be safe than sorry, myself. If I were in your shoes, with less than a year out, I'd have that generous benefactor pay the tuition bill directly. But that's my personal opinion and not founded in law.

              Just wanted to clear up why I'm saying "Black" while everyone else is saying "White".
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment

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