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What can I pay before filing?

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    What can I pay before filing?

    I am probably going to file a personal CH7 after liquidating my business.
    I will receive $00 from the business. I have approx $15k in personal liquid assets that could be sold.
    Can I pay any debt? Pay credit cards that are in both my wife's and my name? (She's not filing) Make advance payments on my house? Put money in HSA savings acct? 401K? Prepay homeowners insurance? Donate to Red Cross?
    I may expend all these assets on living expenses before I file..
    Any thoughts?

    KP

    #2
    My impression is that the best things to spend "excess" cash on are clearly-necessary things, like replacement or repair of neglected important things, like get air conditioner serviced, replace bald car tires, get family in for overdue medical checkups, etc. -- so not improvement and other "luxuries", but maybe some of those things that you know you really have to do sooner or later anyway.

    In terms of unfair preferences, I've wondered how naughty it is to pay creditors with priority claims ahead of regular creditors. I paid a fair bit to the IRS not long before filing, which I'm guessing won't be a problem, but maybe the trustee'll take exception to it on behalf of the regular Schedule F creditors, I've no idea.

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      #3
      I really ought to add, your questions are ideal fodder for free initial consultations with local bankruptcy attorneys. A bit of knowledge of local practice can help a lot in learning what they typically take exception to.
      Last edited by mtbc; 01-17-2010, 01:23 PM. Reason: typo

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        #4
        Just spend it down prior to filing on reansonale and necessary expenses. Your bk lawyer is a legimate use of funds along with the other things mentiond.
        Priority debts like taxes are paid at 100% anyway so no problem paying things like that prior to filing.

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