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Large Downpayment for One Year's Rent

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    Large Downpayment for One Year's Rent

    I stopped paying my mortgage in March and would like to stay in the house as long as possible. I think I have two options as far as timing:

    1. File ch7 now and start saving money during foreclosure process.

    2. File ch7 several months down the road, after sheriff's sale is announced. Would probably have $8,000 cash saved by then.

    If I go with option 2 and before filing ch7, pay $8,000 to a new landlord for a full year's rent, how would a trustee handle that? Would it be treated as an $8,000 asset when calculating my exemptions?

    Thanks!
    MikeW
    Filed Ch7 - July 19, 2012
    Discharged and Closed - October 19, 2012

    #2
    I'd say they might not like that very much.
    Unless, of course, you can exempt it.
    I'd love for someone to say that I am wrong. But if they are counting lousy little utiility deposits as assets - and for some reason, many are, which IMHO is ridonkulous...than surely this would be one too.

    Keep On Smilin'

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      #3
      (1) is my choice - not many exemptions for cash in Florida.
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

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        #4
        Option 1 is the only viable option.

        Option 2 is a non-starter.

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          #5
          Thanks for the replies! It was a silly question, but I had to ask.
          Filed Ch7 - July 19, 2012
          Discharged and Closed - October 19, 2012

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