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Won money at casino a week after hiring lawyer ($200) to start BR. What happens now?

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  • Won money at casino a week after hiring lawyer ($200) to start BR. What happens now?

    I don't know what to do now? Can I pay the lawyer with this ($2,999)and the filing fees. will they take my next years income tax refund? I'm thinking about canceling the BR filing if this is going to be a "red flag" regarding the casino. I haven't told the lawyer yet, hard to get ahold of him. I have told 2 creditors (out of 6) that I'm in BR, can I get out of this BR and just pay them like I've been doing for years? Will the trustee take this new money or should I pay lawyer? I don't know what to do. This might be a "can of worms".

  • #2
    We discussed this on the other forum. You report it to your attorney, use the funds to pay him and move on. This is not a big deal.

    As to your refund for 2017 the answer is. . .

    Your trustee will require you to supply a copy of the 2017 State and Federal returns. He will then require you to turnover to him any refunds. He will calculate the pro rata portion belonging to the bk estate and return to you the difference. Theoretically, if you file in July the Trustee is entitled to at least 1/2 of the refund, representing the 1st 6 months of the year.

    Talk to your attorney.

    Des.

    Comment


    • #3

      Thanks, II talked to the attorney and I'm going to pay him. He said congratulations blah, blah, blah. Like I said I didn't want this to be a big hassle and the trustee think I have a gambling problem which I don't. I go to a casino a couple times a year, if that. I just happened to get lucky this one time we were driving by. He said :don't buy any diamonds, etc.

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      • #4
        The Trustee would know you had a real problem if they saw the pattern of an addicted gambler. That's usually tens of thousands of dollars on credit cards (using cash advances) on top of loans and everything maxed out.

        Winning is not an issue.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          A bona fide gambling problem wouldn't necessarily disqualify you anyway. A great deal of my debt came from gambling issues. I had to disclose over $7k of losses last year on my Statement of Affairs. Attorney said it wasn't an issue and nobody so far has said a peep. Nothing from the panel trustee, nothing from creditors, nothing from the UST.
          This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
          Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17

          Comment


          • #6
            I had $13K in losses on my Statement of Financial Affairs and the Trustee only asked if it was still an "issue". I told her that it was never an issue and not a gambling problem. I just decided gamble rather than have another vice such as smoke, drink, whatever. It was my entertainment. It was less than 10% of my salary at the time. Hardly a real issue.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              Got the ton of papers to fill out for BR. My next question is about "independent contractor". I have a little job and don't have copies of checks paid to me since January because the amount is so small (about $50.00 a week) and I always just cashed it for gas, pin money etc. I can't get copies from bank because I cash the checks and pay taxes etc. on my tax return at end of year.. I don't necessarily want to tell these people about the BR. Can I just estimate the total from January until now based from the 1099 from last years tax return?

              Comment


              • #8
                Originally posted by Dianeaz View Post
                Got the ton of papers to fill out for BR. My next question is about "independent contractor". I have a little job and don't have copies of checks paid to me since January because the amount is so small (about $50.00 a week) and I always just cashed it for gas, pin money etc. I can't get copies from bank because I cash the checks and pay taxes etc. on my tax return at end of year.. I don't necessarily want to tell these people about the BR. Can I just estimate the total from January until now based from the 1099 from last years tax return?
                It needs to be actual amounts and that is why they require paystubs from people who are paid by an employer. Since you are self-employed, you should be maintaining some sort of records of accounts payable and receivable as well as expenditures. If you don't have that information then you may need to create it in some manner.

                If this is a regularly operating business then the Trustee will ask for business records and likely a P&L statement or balance sheet. If you only made 6x4 = 24 x $50 = $1,200 since January, it may be irrelevant and this business may just be a hobby (especially if irregular).


                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment

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