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Problem? Parents paying new rental deposit before discharge

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    Problem? Parents paying new rental deposit before discharge

    I filed chapter 7 and got a case number on July 8. We will have our 341 on August 16. We did not reaffirm the house. We began to look for a rental, and got really lucky today. It is my wife, myself, and our three children. We had been looking for over a year, but three and four bedroom houses and apartments here are almost impossible to come by as everyone seems to be looking for them. If you can manage to find one, the rent is really expensive...almost as much as the $80k upside down mortgage that has been crushing us. $200,000 on a house worth $120,000 with $1900 per month payments. Anyway, we found a great deal, nice house, the same size as the one we are in right now, good neighborhood, $900 per month. Tere were several other people interested in it, but the landlord offered it to us. The only issue is that they want the $900 security deposit tomorrow, which we don't have. If we don't come up with it, they will move to the next people on the list.

    This is where my real question comes in. My parents wrote a check directly to the landlord so we can give it to him tomorrow. Will that gift from my parents mess up anything regarding my bankruptcy?
    Retained Lawyer: June 28 Filed Chapter 7: July 8 341 Meeting: August 16

    #2
    I'm not a guru, but as long as it comes after your filing date, I can't see a problem. Gift after filing date, so not part of your bk estate. Not an indication of future income/DMI. And certainly not some sort of general abuse--I mean housing your family is kind of necessary.

    Thank God for family, right?
    12/2009 Stopped paying CCs; 3/10 1st suit;
    8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
    9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

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      #3
      I don't think it will cause a problem as it is a necessary expense (although I am not an attorney). It's not a preferential payment to a creditor. It's a legitimate living expense.
      Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
      Deadline to File a Complaint: March 8, 2010

      Discharged and Closed March 11, 2010

      Comment

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