answer anyone?

[deadmonetree]

I think my other post was way to long so i will ask point blank year ago mom took 15000 in credit card debt off providian for me. well as of this week think we might need to file can i use a convenience check to put that back on providian? it is 12000 now. If i am going to do this I want to do it right and keeping 12000 seems stupid. we can wait the 90 days if we had too but not much longer but i dont want to raise flags either it is my debt so what do you guys think? dont want to see a lawyer yet because this just came up I would think it would not be fraud since it is my debt help please

[ansky0007]

You will not only have to wait more than 90 days, More like 1 year and also make payments on the balance for the bank to not try to get it excluded from your BK. We had a transfer at 6 months and we are fighting the bank since they are coming after us for it and trying to get it excluded from our BK. This can be seen as fraud buy transfering the funds to them and filing shortly after.

[deadmonetree]

any ideas what to do? I am not going to bankrupt on my mother I dont even want her to know i am stumped

[yuckhatethis]

I don't think there's any way you can pay her any significant amount of money (over a couple of hundred dollars) and be able to file without raising flags. There's definately no way you would get away with a $12000 convenience check right before filing. Sorry, but I think you probably need to come clean with Mom.

[Trixie007]

your last post wasn't too long - it's just realllllly hard to read - run-on sentences and lots of different info in one paragraph. I can't make heads or tails of it. Maybe if you go back in and edit it to make it more readable you'll get some of the gurus in to take a look... i think you'll definitely want their take on your situation vs. someone who is so new here like myself. Good luck and welcome!

[deadmonetree]

i tried to edit but have no idea how. today is the first day of my life i have ever put a message on a board so sorry!

[ansky0007]

any ideas what to do? I am not going to bankrupt on my mother I dont even want her to know i am stumped

You will have to either exclude the $12k on her card and keep paying it or do the transfer back to your account but you will definately have to wait a year to file or you will surely get an objection to the transfer. Even after the transfer you will have to make some consistant payments.

Get some free consults from lawyers in your area.

[BassBoy]

If you owe money to family or friends and you do not wish to make any waves or hard feelings, the best thing to do is be totally honest, and work out a plan to repay the debt. Was this debt made by your Mom taking a cash advance or giving you the cash and there's no actual promissory note that points to you as the debtor and a repayment agreement was made? Probably not, right? If that's the case, and you need to file BK, legally, any debtor who has filed BK can voluntarily repay any debt after discharge......so......you could work this out with your Mom, couldn't you?

[deadmonetree]

okay so if i transfer the debt back to me and they object what is the worst case senario? i still owe the 12000 is there interest with that if they make me pay? can they make me pay more than we can afford? I just dont want to have the debt with my mom anymore my mom is not the type of person you want to owe and yes i got my self into this. I forgot my mom likes to have things over people

[ansky0007]

okay so if i transfer the debt back to me and they object what is the worst case senario? i still owe the 12000 is there interest with that if they make me pay? can they make me pay more than we can afford? I just dont want to have the debt with my mom anymore my mom is not the type of person you want to owe and yes i got my self into this. I forgot my mom likes to have things over people

Worst case is the trustee can throw out your entire case as fraud and you will not discharge anything.

[deadmonetree]

well than thats pretty bad! I thought they would say that money is mine and everything else would be dicharged. The only good thing about that is it would not be mom having debt on me. Side note finally a couple replies on the other post that was extremly long can i combine them so i dont have 2 post? I cant find instructions Thanks

[Trixie007]

Worst case is the trustee can throw out your entire case as fraud and you will not discharge anything.

I don't think it's quite that bad, is it? I thought worse case would be considered insider payment and the trustee would want your mom to pay them back the money and then include your debt to her in BK. I could be wrong...

[deadmonetree]

yeah if they went after my mom that would be really bad!!i wish it would just revert since it was on that card to begin with!! I just Dont want to do this major thing to clear credit and have the black marks for 10 years but still have 12000 in cc

[StartingOver08]

Don't do it, it is an insider payment and a BT

Don't get a cash advance to pay off the $12000 you owe your mother. It is not only a balance transfer/cash advance - it is also an insider payment. http://www.************************/...le-bankruptcy/

Also look at this link about preferencial payments:
http://www.************************/...ng-bankruptcy/

You will create for youself a world of problems if you do this cash advance just before filing. If you are going to do it anyway, then you can not file for at least ONE YEAR.

BTW, I had to provide to my Trustee 2 yrs of bank statements - so you might even have to wait longer than one year IMO.

[deadmonetree]

thanks i guess it looks like if we claim we will still have 12000in cc yeah for me!!