Can I pay family back??
Okay, So I live in FL, and just retained a lawyer two days ago to file chapter 7. Now, in order to pay for the chptr. 7 I need my tax refund, which is $7500, I just received it yesterday. I owe a lot of money to my family who have helped keep me above water throughout the year, and I promised to pay back this time around. Now, my attorney says I cannot pay back the family, because it totals $3700 (almost half of my refund). My family is supper upset. How will they know I have paid family or what I have done with my money? Do I have to supply receipts? Some of the things I am paying for are not in my name, they are in my fiance's name. He has managed to keep his credit good, but recently lost his job due to injury, and My credit has been shot from back 4 years ago. So I decided to do the Chpt. 7. I have been paying for things like small credit cards of his into through my checking acct. like (sears, kohls, cap one, etc.) Will they question this? My attorney says that since I only have vehicle worth less than $1000, and some furniture that may total $1000, that I can put the money I owe my family in my account and wait 30 days to pay them, but will the trustee take or freeze the funds in my account? I have already retained the lawyer, but have not yet filed, should I just spend the money (paying bills and family), and just wait some time to file? or will I still get nailed? Please help!!
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no u cannot pay your family.the trustee will go after your family for that money u pay themOriginally posted by ACER9103 View Post
its possible the trustee will question why u are paying his credit cardsFiled chapter 7 on 9/17
341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010
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What if I do the second part, wait some time before filing bankruptcy, and then the money will have been spent? Will they still go back and question me?Comment
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u CANNOT pay your family members PERIODOriginally posted by ACER9103 View Post
and u will have to list them in your petition
stop paying your boyfriend's credit cardsFiled chapter 7 on 9/17 341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010Comment
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Okay, I understand. They will not be happy about this one =(Comment
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How will the Trustee know? Well, for starters, the Trustee is going to ask about your refund and where it went. You don't want to get caught lying.
What you can do, if you have enough exemptions to cover the cash on hand, is set aside the money and pay your family back after you have been discharged and closed.
Have you told your attorney about paying your fiance's credit cards? If not, I would. The Trustee is likely to go after that money as preferential payments.Comment
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On the paperwork that I completed for my Chapter 7 it specifically asked about money that I borrowed and paid back to family members in the last year. If you file within a year of paying them back, yes, you will be asked. And yes, they will go after your family. Especially since it is over $600.Originally posted by ACER9103 View PostComment
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Wow, Thank you. I did tell my attorney, but the payments are less than $600, So she said it was okay, but I am trying to get as much info as possible. Wow this is gonna be a big mess.Comment
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Also, (Helpmeout) When you say "if you have enough exemptions to cover the cash on hand" what do you mean?Comment
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depending on where u live u can use exemptions up to a certain amount to protect cash.anything above the trustee can take itOriginally posted by ACER9103 View PostFiled chapter 7 on 9/17 341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010Comment
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Oh, okay, yeah I am in Florida, and my attorney says that I can exempt up to $6000 with a vehicle. So If I owe family $3700, that leaves me only $2300 for my van, and household goods. My van through Kbb says its worth $750. so hopefully my household things are not going to exceed the $6k.Comment
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I was also wondering, I have to pay over $2000 to move into a new cheaper home to rent, and I have to buy a fridge for the place as well, and pay electric deposit, water deposit, etc. Should I get receipts for everything. Will the trustee ask for receipts? Also I have 2 bank accounts will they require statements from both accounts? Do I have to put that I have both accounts? Sorry for the 20 questions =)Comment
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Keep receipts and ask your attorney about the security deposits, you may have to use some of your exemptions for them.Comment
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When I did my bankruptcy in Michigan. It was the day of our hearing... the lawyer handed us a form of the questions we will have to answer. One of the questions aksed if we gave any money to family members in the last.... My husband and I asked our lawyer, what should we say. We did give his parents money to pay them back for the money we borrowed for the bankruptcy attorney. She said it is up to you what you say. Basically they wouldnt know is what she was saying in a round about way. Well my husband and I didnt feel comfortable lying. We were so greatful to be getting rid of the debt. So in the early questions it was asked. And I said yes. By the way the Judge looked I dont think he ever heard someone say that before. I said we payed back my husabands parents for the money we borrowed for the bankruptcy attorney. He looked at my lawyer and said I just want you to know that I am fine with that, and when you go back to our main lawyer that you can tell him to that I am fine with that. Our main lawyer couldnt be there that day... so we had a fill in from his office. It felt good that my husband and I got to be honest. And the fact that we got to pay his parents back for the money we borrowed. It was hard enough asking them for the money.Comment
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In response to:
“I owe a lot of money to my family. . . and I promised to pay back this time around. . . My attorney says I cannot pay back the family. . . My family is supper upset. How will they know I have paid family or what I have done with my money?. . . Some of the things I am paying for are not in my name, they are in my fiance's name. . .Will they question this? . . . My attorney says. . .that I can put the money I owe my family in my account and wait 30 days to pay them.”
All of the above responses are correct. I just wanted to add the following to put this into perspective:
1. You cannot protect a family member over any other creditor. While you promised to pay them back you made the same promise to the credit card company when you used the cc and the cc company is just as upset as the family member that it is not getting paid. All creditors must be treated the same. And, yes, the Trustee will find out by asking how you spent the refund.
2. The payments you have been making to or for the benefit of your fiancé over the past two years should be disclosed as transfers on question 10 of the Statement of Financial Affairs. The amount paid is recoverable by the Trustee as a “fraudulent conveyance” (not a preference - unless you actually borrowed $$ from the fiancé -then it would be a 1 year period and listed on question 3c). A fraudulent conveyance in your situation is an “unequal exchange for value” - you “gave away” cash and got nothing in return.
3. If you can exempt funds sitting in the bank in your jurisdiction then holding the $$ works. The 30 days comes in as follows: A Trustee has 30 days from your 341 meeting to object to an exemption. However, I agree that you should do nothing with the funds until the case is closed. At that point, feel free to pay any creditor.
4. Lastly, you family members need to be listed on Schedule F as creditors.
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