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A few questions regarding our upcoming Chapter 7.

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    A few questions regarding our upcoming Chapter 7.

    A couple of questions regarding my upcoming Chapter 7 filing.


    1. My wife works hourly and has some upcoming days this month where she is going to be out of town and had planned to use vacation days. If she were to take "unpaid" days and not use vacation pay on those days, is that against any rules and will it help us get under the median income if we are borderline? We plan on filing July 12th or thereabouts and June income will be included.

    2. We were truthful as to how much cash we have on hand and in checking accounts, which is less than $1800 overall, but back in Feb, March, April and May there were alot of transactions in which I withdrew a good amount of money at local casinos and in las vegas and gambled. I lost that money. It shows on the bank statements where the withdrawals took place. It is estimated to be about 10-15k. My attorney stated that the trustee in our case is only going to see the bank statement one month before our filing and none of that kind of activity has been on there since early May. Issues related to this?

    3. I had regular income (commission 1099 employee) and unemployment income on my tax returns. How closely does the trustee look at the returns and do they question any deductions you took on them? I am a real estate agent and have all kinds of stuff deducted for that job but did not get a refund this year and actually paid in about $3500. Any issues with this?

    I am a little concerned that we'll be grilled as to making money, not paying on our house for a long time and where the money went with so much unsecured debt (80k), but we have not charged on a credit card in 2 years so everything has been paid for with money that has come in via income or unemployment benefits. The reality is that we just continued to live above our means as time went on after two job losses and didn't change our lifestyle. That, along with the gambling issues has contributed to it, but I sure would like to be able to say we breezed through the 341 like many state on here but this stuff makes me wonder if it will be scrutinized more.
    Filed 7/14/11....341 date is 8/23/11

    #2
    Nothing in the bk code requires your wife to take paid vacation days. That's no issue.
    The trustee may or may/not quiz you about gambling losses. In a jurisdiction that allows gaming, I'm sure you're not the first person they've seen that lost a lot of money gaming. Just tell the truth if they ask for an explanation.
    Your tax return is between you and the IRS. If the deductions were legimate, noby should complain.
    Just be certain you raise these questions with your attorney and see what he/she suggest.

    Comment


      #3
      Your attorney is probably right. As I put in another post, my trustee never looked at one bank statement. However, I agree with Keepmine, if you are questioned about those amounts, be honest, do not lie about what the money was used for as it will probably come up. The statement of affairs part of the BK forms specifically asks about gambling. Be sure to discuss with your attorney and again, be honest both with the attorney and trustee.

      Many people here have actually discharged alot of gambling debt on cards and etc. Relax about spending your own money for it. Your tax return should not be an issue as you did not get a refund.
      Filed CH 7 4/15/11
      341 5/23/11
      DISCHARGED & CLOSED ON 7/27/11

      Comment


        #4
        It sounds like you have a pretty good plan.
        I don't think the gambling losses will be a significant issue.
        It's the social price paid for having that form of entertainment.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

        Comment


          #5
          Agree with everyone here...my Trustee didn't look at my bank statements either...but my attorney took six months worth from me....honesty is always the best policy....if you pass the means test and can justify everything there shouldn't be an issue
          Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

          Comment


            #6
            I also filed in July of 2003 and that was discharged and filing again right at the 8 year anniversary of filing back in 2003. Will that bring any additiional questioning?
            Filed 7/14/11....341 date is 8/23/11

            Comment


              #7
              We were asked several questions about "large" transactions on bank statements submitted with our filing. They were from two or three months before we filed. One was our attorney fee other two were written to deposit in a different bank account. So the question could be asked. I agree that if asked, honesty is best policy. Goos luck.

              Comment


                #8
                Also............we are hoping to qualify under the median income for this Chapter 7, but if we do not and have to go through the additional qualifying, and plan on not reaffirming either vehicle but plan to "pay and stay" on them, will those two vehicles not be factored into the calculation since technically we would be giving them up? If so, it could force us into reaffirming or redemption couldnt it?
                Filed 7/14/11....341 date is 8/23/11

                Comment


                  #9
                  Originally posted by tjs1970 View Post
                  I also filed in July of 2003 and that was discharged and filing again right at the 8 year anniversary of filing back in 2003. Will that bring any additiional questioning?
                  You will be asked if you have ever file BK before and you will have to say "yes", You will then likely be asked why you are filing a second time. Be truthful and say that you continued to live above your means, and that THIS time you have learned your lesson. There is no shame in that.

                  Our attorney told us to have as close to 0 in your checking account as possible on the day you file, as the way your finances look on the day you file is the Polaroid snap-shot of your financial life.

                  Good luck to you!
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    Originally posted by tjs1970 View Post
                    I also filed in July of 2003 and that was discharged and filing again right at the 8 year anniversary of filing back in 2003. Will that bring any additiional questioning?
                    Will it bring questions...and will the trustee look at you a bit more carefully ? Probably since you're filing again right at the 8 year mark, so it's quite possible your banking records will be looked at; really depends on the trustee.

                    Agree with the others - be honest and make sure you dont repeat the pattern

                    Comment

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