Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Couple of Q's

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Couple of Q's

    Hi all, a newbie here, just now entering into the BK world. I have had one consultation so far with a BK lawyer, but did not get a chance to ask all my questions of him. Bit of background:

    1) I lost my job in late Feb. I received my last check from my job in mid-March.
    2) From the consultation I learned my husband and I should not file until a least late Sept so that we can clearly show I have not had income for the last 6mo and thus qualify for Ch7.

    My question is, will we be questioned about $7k that I transferred to my mother this past May? I've owed her money for a very long time (from when I was in school), and due to her money situation (just bought a new house), she needed the money from us. Should we wait at least 6mo from May instead?

    Also, about a week before the consultation (approximately 2wks ago), we purchased an expensive laptop for my husband to use for school (I assume it would be deemed a luxury item since it was almost $3k). I've read we should wait at least 90 days to file, after a big ticket purchase like this. How true is this? Should we wait even longer than late Sept now so this won' appear fraudulent?


    TIA

  • #2
    I think, you may want to look into it a little further, but the payment to your mom, is considered an insider payment, and the lookback is a year not 90 days. If that is the case, and you try to file now, they could go after the money from your mom.

    The computer, did you use a credit card? Pay cash?

    That is what I have read, but keep researching.

    Comment


    • #3
      We used a credit card for the laptop.

      Yikes, they look back for a year? Hmmmm..I don't think my mom has spent all of the money, so would it look better or worse if she gave some of it back to us? Or would giving us some of the money back make the initial transfer look fraudulent?

      Comment


      • #4
        Doesn't change how it 'looks' if your mom gives money back to you. Would not even count against what you repaid her, I believe. Even if she gives some back, the trustee could stilldemand the original amount in full.

        An insider payment is when you are paying off debts to family & friends - but not paying off your other creditors in a similar fashion. Intent is not important. Say you owe family $10k and other creditors $40k. If you pay your mom $1k & pay other creditors $4k, it would not really be an issue because you're treating them the same. But pay a large amount to your mom and very little to creditors - its preferential.

        As to the laptop - there could be problems on this also. The creditor can argue that you bought the laptop when you knew you could not pay for it, and that you bought it with no intention of paying for it. They can allege fraud based on that, and attempt to get the debt ruled not eligible for discharge. The longer you wait to file after this transaction, the better. And it would be helpful if you kept minimum payments up at least.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment

        Unconfigured Ad Widget

        Collapse
        Working...
        X