Someone PLEASE explain

[jessegirl]

As some of you know that I still did file until I pay the attorney there fee. So I have been reading alot on this subject and it seems that the answers are all over the place. Some say income some say no.

This is my question:

If I sell used chldrens clothing that are a year or more on ebay, is that considered income?

I called me attorney cause of the mixed answers and of me being totally unsure. He says - No its not considered income as long as its not big luxury items. He says go ahead and sell. BUT, is he correct?? LOL One should trust the attorney? But everything that attorneys do is not always right. RIGHT?

What is considered income? If I sell the item for more then I purchased it for?
Or if I am just getting any amount of $$ for it.

I ask you all cause I don't want to get scr***d by doing this and then having it come back to bite me in the coolie..

[AngelinaCat]

If you are selling the clothes as though you were selling at a yard sale, I would say no. The reason I say that is because it is not a regular activity. You are not getting paid on a periodic basis, so cannot count on it coming in. Also, you may post dozens of things on eBay, and not have one thing sell. So if you can't count it as being able to keep food on the table, then I don't think it is income.

Now, if you sell hundreds of things and have hundreds of dollars coming in every month, then that is a different story. The same if you sold a large ticket item, like a piece of land, or a car.

I hope that helps. And yes, you can't 100% trust what the attorney says. It's one of our attorney's mistakes that has us having to pay a lump sum to the trustee to take care of a couple of so called 'prefferrential insider payments'.

Good luck! (I realize that answer has probably confused you even further...)

[jessegirl]

Thanks AngelinaCat - So you think if I sell clothes, I would sell them in a lot of say 20 items in each auction and say i do 10 auctions then it shouldn't be a problem?

[PoorGrammyinBK7]

If you are just selling a few used things, why not use craigslist and avoid the ebay listing fees and selling fees?

[Help!]

We were required to include eBay and PayPal statements as documentation for the UST and the net proceeds were required to be counted as income. The attorney for the UST in our case defined income as money received from all sources in the six months before filing. You may or may not be required to include it as income depending on your case trustee and/or UST.

[Stilltheone]

I sold things on Ebay weeks before filing and it wasn't a problem. I just told my attorney we tried selling stuff to catch up with our bills, but we couldn't catch up enough.

Good luck!

[jessegirl]

OHHHHH decisions, decisions, damn if you do and damn if you don't.

Craigslist is really not an option because clothes do not really sell in my area.

Thanks all.

[Cali]

My attorney also said the same as Help!, even though we didn't sell anything.

[TEW]

Jessegirl
I think you should just go ahead and sell what ever you want. Is that what you wanted to hear?

[jessegirl]

TEW- Well what I want is to here if it is going to pose a problem. I don't want to add any more to my income. But, I woudn't be making a profit and the money would go directly to the lawyer.

In order for the to be considered income, Would i have to be making a profit? That is more then what I purchased it for?

[TEW]

Jessegirl
You have to show all income regardless of the source. I have to assume that somewhere that money is going to cross one of your bank accounts. It will show as income. It sounds like you are having a hard time getting your attorney fees up. I think it is hard for us to give you a good answer since we don’t know all of you information. My guess is that the lawyer that you are working with does. He said it was ok. I would think that would be good enough.

yes if you sell it is it income

[jessegirl]

OK i will have to find another way to pay for the attorney. Its so hard. Cause if I don't pay him naturally he is not going to file. I just don't know what else to do. I need to file in Sept. Oh one problem after another..

[TEW]

[AngelinaCat]

Hi jessegirl:

if as I think you have said you have an attorney advising on this, I would go with what the attorney says. You now have 13 different responses that are almost diametrically opposed to each other.

I stand by my post. If you have an attorney, this is an excellent question. The matter never came up in our situation.

[Cali]

I haven't read all your posts so I might have missed this, but do you work? And what is your attorney charging?

You can always pay some each month.

OK i will have to find another way to pay for the attorney. Its so hard. Cause if I don't pay him naturally he is not going to file. I just don't know what else to do. I need to file in Sept. Oh one problem after another..