Worried that I've committed fraud prior to filing..

[music12]

The courts allow one to provide assistance to elderly parents.

i see! that makes sense. i'm glad about this.

[LostNFound]

Yes, we sold the camper and transferred the title. I don't believe it all happened the same day, but definitely in the same week. I believe it was the end of January 2009.

[frogger]

Back to the OP question (and this thread got so long it may have been in here somewhere):

When you sold the camper to your mother, did you transfer the title?

[OhioFiler]

OF, is your mother a dependent of yours? if not, i am confused as to why they allow her mortgage as an expense of yours. or am i misunderstanding...

The courts allow one to provide assistance to elderly parents.

[music12]

OF, is your mother a dependent of yours? if not, i am confused as to why they allow her mortgage as an expense of yours. or am i misunderstanding...

[backtoschool]

Perhaps. I do think your trustee was skeptical of you and put your entire situation under the microscope and all he could argue was those payments to your mother.

I totally agree.

[OhioFiler]

i didn't claim mine so maybe that is the difference.....

Perhaps. I do think your trustee was skeptical of you and put your entire situation under the microscope and all he could argue was those payments to your mother.

[backtoschool]

Does it make a difference if it is gift or loan?
I can see that a loan I gave (and thus due to me) is an "asset" (though again, how one would get blood from a stone is beyond me)...but a gift is a gift is a gift, right?

P.S. the questionnaire I got from the attorney asks if you have made "payments in excess of $600 to any one person, creditor or anyone else during the last 90 days?" Then later it also asks "have you given any money or property (real or personal) to any relative or close friend in the last 4 years?"
Seems to me the critical terms there are defining "payments" (which to me implies paying on a credit card or loan) and "given", which implies gift.

gifts are a problem too.

[backtoschool]

Absolutely I am claiming it. The transactions began the month she retired and have continued ever since. The attorney had no problem with it when I explained it to her.

i didn't claim mine so maybe that is the difference.....

[nickifan]

If you wrote checks to your mother that are over $600 total in a one year or two year look back period (depending on district) then the trustee may go after the money. The $15-20 a month will not be questioned because it will fall under those limits. The other money you gave in 2008 will be a red flag for the trustee.

Does it make a difference if it is gift or loan?
I can see that a loan I gave (and thus due to me) is an "asset" (though again, how one would get blood from a stone is beyond me)...but a gift is a gift is a gift, right?

P.S. the questionnaire I got from the attorney asks if you have made "payments in excess of $600 to any one person, creditor or anyone else during the last 90 days?" Then later it also asks "have you given any money or property (real or personal) to any relative or close friend in the last 4 years?"
Seems to me the critical terms there are defining "payments" (which to me implies paying on a credit card or loan) and "given", which implies gift.

[OhioFiler]

are you claiming those expenses on your expense schedule? Maybe because they are longer term expenses over time there is no issue. In any case, my trustee was on a fishing expedition...

Absolutely I am claiming it. The transactions began the month she retired and have continued ever since. The attorney had no problem with it when I explained it to her.

[backtoschool]

I had her refinance her mortgage when she retired to lower her monthly payment. She refinanced through her bank she has her checking account with. She received a 1/4 point discount for auto withdraw from her checking account when she accepted the loan. I make a deposit each month into her checking account equal to her mortgage deduction.

are you claiming those expenses on your expense schedule? Maybe because they are longer term expenses over time there is no issue. In any case, my trustee was on a fishing expedition...

[OhioFiler]

I think in my case, the checks were considered "transfer of cash assets". You are paying the mortgage company directly right?

I had her refinance her mortgage when she retired to lower her monthly payment. She refinanced through her bank she has her checking account with. She received a 1/4 point discount for auto withdraw from her checking account when she accepted the loan. I make a deposit each month into her checking account equal to her mortgage deduction.

[backtoschool]

WHAT????

What state are you in??

Since the spring of 2008 I have helped a relative with more than $10K toward her expenses. (Not in one fell swoop; largest check ever was $2K, but generally it was several for $300, $400, etc.) Last check was about a year ago. Is this going to be an issue??? And how could that person be expected to give that money back to a trustee when it was used to keep a roof on their heads and gas in the car?? In other words, long since spent!! She'd have to file BK herself if they tried!

And speaking of mothers, I spend probably $15-20 a month to buy items for mine (on Medicaid in a nursing home; allowed only $60 for expenses and that all goes to get her hair shampooed and set once a week.) I'm talking about buying kleenex and wipes and a few bananas and a snack that she loves...Is that expense going to be an issue??

I have not worked for two years so I can't imagine how I can be made into a Ch 13 if I file soon, but still....this is beyond insane to me what happened to you!

If you wrote checks to your mother that are over $600 total in a one year or two year look back period (depending on district) then the trustee may go after the money. The $15-20 a month will not be questioned because it will fall under those limits. The other money you gave in 2008 will be a red flag for the trustee.

[backtoschool]

I've paid my mother's mortgage for her since she retired 1 1/2 years ago and my attorney never batted an eye at it.. There is even a line item on Schedule J (line 15) for such an expense.

I think in my case, the checks were considered "transfer of cash assets". You are paying the mortgage company directly right?