OK to deposit check from relative?

[Martha13]

Hello all We are hanging in there, dh took last Friday off so that we could knock out our paperwork and take the pre-filing online counseling course. It literally took us all afternoon to get everything filled out, copied, printed, etc, but whew-it sure felt good when it was done. I sent the giganTOR packet off to the atty priority mail, and got the confirm today that it was received. Ahh, tiny sigh of relief. I actually started answering the phone over the past couple of days, and it feels pretty good. For those who are fearing that part, it's really a GOOD thing! Ya tell 'em the BK deal, they take down the info, they thank you and hang up. Slowly but surely we'll talk to them all I suppose...I have to say I do love the ones who call for DH, but then say they're willing to speak to me if I "verify some info" b4 they've even said who in the heck they are...WHATEVER!!! We turned in one of our vehicles last night---big relief there, no Bob the Repo guy for me...Ok, finally, here's my question--sorry, just felt like getting stuff out!! My dear SIL, who knows of our $$$ problems and possible foreclosure issue, but not of our BK, just sent us in the mail today a "care" package which included a few gift cards for various restaurants, ice cream places, etc, along with a very nice sized check. I was all set to deposit it, as it will take care of the balance for the atty, the filing fee, groceries and a little padding...but, will that be a problem to have a relatively large deposit in our checking account, with no other explanation (it's not near payday, etc..). We've submitted the 4 mos of bank statements but weren't sure if they would ask for another after we've filed???? I can keep receipts, but wondered, should we "cash" it, then deposit smaller amounts? Thanks--just trying to lie low, and not call any unnecessary attention to us.

[Runnin on empty]

Hello, glad to hear that you've started the road to recovery. There certainly is something magical about being able to pick up that phone, giving them the info, and hanging up.

As far as the check goes....I would say to consult your attorney, but also that if you use it for legit purposes like your lawyer's fees, food, ect, then you should be okay. That "little extra padding" is where you may be in for a rough patch, because each trustee is different.

Obviously like I said, check with your lawyer, but other than that, cash the check, and only deposit monies as you need it. That is what we did. We closed out our bank account (Chase - we included a CC in BK from them), and opened another account at a local Credit Union. We had our paychecks changed over to live checks instead of direct deposit, and cashed them weekly, and only deposited what was absolutely needed to pay the bills (which was still 90%+ of them).

Just keep all your receipts and watch your back. Nothing like having your BK case derailed over something as simple as a very generous SIL.

[Cali]

Why did you turn the car in now?

We turned in one of our vehicles last night---big relief there, no Bob the Repo guy for me

[danaf]

I definately would not deposit it until after the 341. What if your trustee wants to see bank records directly after filing and what if your exemptions don't cover it (where you could go back and amend to include the check).

[epiphany]

I would not cash that check if it is as you say sizeable..it is really impossible to say without knowing your circumstances and the amount of that check. ...but if you are worried about it, don't.

You say your sis knows about your BK...any way she could take her check back and get you a postal money order (or orders) which you could cash easily at the post office?

I understand completely, believe me, if you don't want to do that, but don't risk your bk by cashing that check if that check can somehow be deemed some sort of windfall.

ep

[getouttadebt]

If the check is drawn on a bank other than the bank you have an account with then you could cash it at the bank from which the funds are drawn. Do not cash it at your own bank just to be sure. Do not deposit it in your bank either. These monies will become property of your BK estate and if you can't exempt that amount, then you could be in trouble.

Don't take this as legal advice; this is just my opinion.

[Martha13]

Morning, All...my new morning routine, answer the 8:01 phone call from the mortgage co, grab my coffee, and log on to the bk forum, haha..

Thanks so much for the input. Cali--the reason we turned the car in is because we owed so dang much on it, and the payment was really high. We figured financing after bk would be too difficult initially, so we VERY quickly went out and purchased a new car while credit was still good (a much cheaper, no frills vehicle with payments that were 1/2 what the other car was).

Uh oh--I went down to check what bank the check was written on after the advice of perhaps cashing it there--and it's gone, which I assume means my dh took it w/him this morning with the idea to deposit it, as we hadn't yet discussed this potential issue. Hopefully I'll speak to him b4 he runs by the bank...Oh, and the SIL doesn't actually know about the bk, just the $$ problems, I'd prefer to keep family out of this part. And maybe in my mind it was sizable--it was $2k..but literally between the filing fee/balance to atty that takes up $1300, groceries and gas could probably easily eat up the rest (family of 5). We will likely be filing at the end of June or 1st of July. Do the trustees request up-to-the date bank statements usually? I will definitely email my atty this morning to get his input. Thanks again.

[Cali]

Martha13 - Thanks for answering my question.
We have 2 financed vehicles and we are getting rid of one. We won't give it up though until after discharge or if they go to court to get it now. Our attorney said that was best for us.

[Martha13]

Hi Cali....we actually replaced the car a couple of weeks ago, but hadn't been driving the newer one yet. We waited til we received the new financing paperwork and that all was well with that. I was just sooooo nervous about having both cars at the same time, didn't want the trustee thinking we were trying any funny business. Plus, my paranoid nature was just really concerned about having someone come here to repo it. It was kind of a pain to return it to the dealership (took 3 visits-but finally got it done with a signed statement from them). Oh, and not to mention the day/night phone calls from the auto finance co...it was also nice to put an end to those

[Cali]

Thank goodness I never got calls. We are up to date on one vehicle and behind a month on the other. I asked my attorney will they call me when they are coming to get the one we are letting go, he said no. They will get it after discharge, unless they go to court to let them come get it. So I am still driving it, not far because its uses gas like no tomorrow.

Congrats on your new car.

Hi Cali....we actually replaced the car a couple of weeks ago, but hadn't been driving the newer one yet. We waited til we received the new financing paperwork and that all was well with that. I was just sooooo nervous about having both cars at the same time, didn't want the trustee thinking we were trying any funny business. Plus, my paranoid nature was just really concerned about having someone come here to repo it. It was kind of a pain to return it to the dealership (took 3 visits-but finally got it done with a signed statement from them). Oh, and not to mention the day/night phone calls from the auto finance co...it was also nice to put an end to those

[deafbroke]

I would return check, explain that you can't cash the large check or it might be taken as property of BK estate. Ask for cash in return for check. DO not deposit the cash anywhere. Keep it available but not in an account.

If you don't want to do that, wait till the case is closed before cashing. the US Trustee can ask for bank records any time before case is closed, if I'm not mistaken.

DB