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Ashamed to post this question but...

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  • Ashamed to post this question but...

    I am hoping that I don't get chewed out for even asking this but, we are filing chapter 7 and we decided to wait until we got our tax return because we normally use it to pay off our car insurance for the year and take care of medical expenses/car repairs that we can't normally pay for. We did pay the car insurance and I got prescription glasses.

    My husband's birthday is coming up and he wanted to replace the Playstation 3 that he sold last year to pay bills. To avoid argument I agreed, but now I am sick with worry about the Playstation more than the car insurance but a bit of both. I actually think that i should have stuck my guns on this and just let him be mad.

    Does anyone know if our who case could be thrown out because of these things or will listing them keep that from happening? Thanks in advance.

  • #2
    Well, not to chew you out. For the most, you did right. You did nothing wrong as you have not filed yet. You did not make a charge as it is your over payment money and the money is yours. A Play station is around $300 I think but below $600. I doubt it would be even mentioned. Tell the truth if asked about this, but also state what you said here. It was a replacement for one sold to pay a creditor. I see no real problem here. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      You are going to have to provide the amount of your refund together with how you spent it - did you keep receipts? Your tax refund prior to filing is considered income to you and you will have to explain what happened to it since it was received during the six month window prior to your filing. Before you purchased the game system, you should have checked with your attorney prior to purchasing. Also paying your car insurance for an entire year may be considered a preferential payment - you may possibly have some issues to deal with as to those two items.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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      • #4
        Originally posted by Flamingo View Post
        You are going to have to provide the amount of your refund together with how you spent it - did you keep receipts? Your tax refund prior to filing is considered income to you and you will have to explain what happened to it since it was received during the six month window prior to your filing. Before you purchased the game system, you should have checked with your attorney prior to purchasing. Also paying your car insurance for an entire year may be considered a preferential payment - you may possibly have some issues to deal with as to those two items.
        Thank you both for answering, I did try to contact my attorney but it normally takes 2-3 days to hear back from him and we are under pressure because we're also being sued withing the next couple of days by capitol one but can I ask you what you mean as far as issues? Dismissal of case or having to pay trustee or worse?

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        • #5
          Hi Butterfly,

          Don't make yourself sick over this, I doubt it will become much of an issue. Just make sure when you list your assets you include the PS3 and if asked about it at the 342 tell the truth.

          SG

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          • #6
            Originally posted by SunshineGal View Post
            Hi Butterfly,

            Don't make yourself sick over this, I doubt it will become much of an issue. Just make sure when you list your assets you include the PS3 and if asked about it at the 342 tell the truth.

            SG
            Thank you so much for answering. I am really driving my husband and MYSELF nuts.

            Okay, well with renewed hope that our case may not be FUBAR after all, I am going to make copies of this stuff and send it to my attorney.

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            • #7
              You're welcome. Try to keep this in perspective, you allowed yourself a few hundred dollars for a PS3, it's not like you took a trip to Paris or bought a Rolex, lol.

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              • #8
                I am thankful for the wisdom in the forums!

                The attorney said the cars ins. should not be a problem.

                And I didn't ask him specifically about the PS 3 because he was saying that for anything else that we bought the general rule is: it is okay to buy things that your family will use, but out side of that is a problem. I listed it on the petition. Hubby and our 3 boys play it and we ALL watch rented blue ray DVD's on it ... I think it goes under household goods "including electronics".

                Anyway, I sent my stuff in.

                So now we just pray :-)

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                • #9
                  Originally posted by butterfly_doll View Post
                  I am thankful for the wisdom in the forums!

                  The attorney said the cars ins. should not be a problem.

                  And I didn't ask him specifically about the PS 3 because he was saying that for anything else that we bought the general rule is: it is okay to buy things that your family will use, but out side of that is a problem. I listed it on the petition. Hubby and our 3 boys play it and we ALL watch rented blue ray DVD's on it ... I think it goes under household goods "including electronics".

                  Anyway, I sent my stuff in.

                  So now we just pray :-)
                  I don't know why, but that made me chuckle...of course you're going to buy stuff you are going to "use". LOL. But I get what he meant...;)

                  I think you'll be fine.

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                  • #10
                    Originally posted by butterfly_doll View Post
                    I am hoping that I don't get chewed out for even asking this but, we are filing chapter 7 and we decided to wait until we got our tax return because we normally use it to pay off our car insurance for the year and take care of medical expenses/car repairs that we can't normally pay for. We did pay the car insurance and I got prescription glasses.

                    My husband's birthday is coming up and he wanted to replace the Playstation 3 that he sold last year to pay bills. To avoid argument I agreed, but now I am sick with worry about the Playstation more than the car insurance but a bit of both. I actually think that i should have stuck my guns on this and just let him be mad.

                    Does anyone know if our who case could be thrown out because of these things or will listing them keep that from happening? Thanks in advance.
                    yes, i agree with hub on this one...for the most part you did fine...

                    we had a huge refund...we were a chapter 7 no asset case....our atty advised us to spend the money ASAP!!!!!! we did.....and we were never asked at all by our trustee where the money went...but i think it was because it was when we filed....had we filed in nov. or dec. maybe there would have been more of a question of where the money went...also we had surrendered our house after 33 years, our car etc...we literary had nothing left..so that may have also been part of the reasoning why the trustee never questioned it.

                    bottom line is i think you haven't filed yet, and i really think it depends on the totality of your circumstances as to whether you will be questioned to account for every cent...and for that matter...even tho one of the questions on the petition had to do with a 401 ...(cashing it in within the past two years) we answered no, however, the trustee still did ask if we ever had one and what we did with it, i just told her, it went for living expenses..etc...which was the truth, however, the question we still do not understand why it was even asked......so...you just never know.

                    i'm sure you'll be fine.
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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