The only thing i have is a trust fund which i am told is protected by a spendthrift provision. other than that, i have no income, i am unemployed and i have no property. would it be very difficult or is it a good idea for me to file on my own without a lawyer?
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I'd sure take the trust documents to a lawyer and see if the trust is protected.
From your description of your situation, why do you even want to file bk? -
There is no way I would file bankruptcy without a lawyer if I had a trust fund. None.Comment
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You absolutely positively need to get this in front of an attorney who specializes in asset protection and bankruptcy law. Just because you "think" the spendthrift isn't within reach of the Trustee, don't make a fatal mistake with that assumption. Specifically, if you used the spendthrift trust to hide money or delay, defraud or hinder creditors, then the Trustee can avoid any transfer into the spendthrift going back 10 years! (11 USC 548(e) which deals with self-settled trusts.)
Do yourself a favor. Please hire an attorney.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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i very much agree with jb... on this situation.
get an atty. i know, that's somewhat difficult to swallow, but do it , you will be far better in the end8/4/2008
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