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    a few questions

    I've been trying to read other posts to get answers but haven't come up with them yet.

    I am meeting with the attorney on Monday with all the paperwork completed, payment in hand. Paralegal says she can have everything ready to sign within two days, and file the next day. I'm very comfortable with this attorney (I've met with 3 and it's clear he knows what he's doing) But does this sound too easy?

    My dad paid for a $1100 car repair in September, I paid him back a week later. Is this really a loan repayment? Will the trustee know or care about this?

    I have made minimum CC payments up until this week, I had no intention on filing for BK and didn't even think it was an option for us. We have used one CC for living expenses this month, I think about $535 on the last statement... will that be questioned?

    Also, because one of those MINIMUM payments was over $204 a month, do I need to include this in the "Have you paid more than $600, in total, to any one creditor in the last 90 days?" question?

    When do I need to have the tax refund spent by? The day I file or the 341 meeting date? Can I say it went to pay the attn fees and mortgage payment and be done? (That's basically the total and it would be easier than saving receipts)
    Last edited by blessed; 02-19-2010, 06:00 PM.
    attorney consult and decided to file, 02/15/2010
    no-asset Chapter 7 filed, 03/11/2010
    341, 05/10/2010
    discharged, 07/13/2010

    #2
    My dad paid for a $1100 car repair in September, I paid him back a week later. Is this really a loan repayment? Will the trustee know or care about this?

    Does not matter what the circumstances were, you made a cash transaction to an insider and the trustee has the authority to sue your father for the money if you file inside of a year from making the payment. The trustee will know because, you'll disclose it on the petition.
    Yes, include all the credit card payments you made in the last 90 days.
    Paying legal fees and secured creditors is an acceptable use of the tax refund. When it has to be spent depends on how much cash your state allows you to exempt on the filing date.

    You need to put the cc's away. $500 spent on living expenses won't cause any problems. But, you need to learn to live without credit cards. If you can't support yourself without access to credit then, bk isn't going to do you much good.

    Comment


      #3
      Originally posted by blessed View Post
      But does this sound too easy?
      No, not if you have all the documentation ready.

      Originally posted by blessed View Post
      My dad paid for a $1100 car repair in September, I paid him back a week later. Is this really a loan repayment? Will the trustee know or care about this?
      Yes, a one week loan is still a loan. If you have $1100 in cash exemptions remaining you may be able to get the trutsee to not try and reverse the transaction. You still need to disclose this payment and attempt to negotiate that however.

      Originally posted by blessed View Post
      I have made minimum CC payments up until this week, I had no intention on filing for BK and didn't even think it was an option for us. We have used one CC for living expenses this month, I think about $535 on the last statement... will that be questioned?
      Probably not, but stop using all cards right now.

      Originally posted by blessed View Post
      Also, because one of those MINIMUM payments was over $204 a month, do I need to include this in the "Have you paid more than $600, in total, to any one creditor in the last 90 days?" question?
      If your total payments were more than $600 in the past 90 days, then yes. Doesn't matter if it was the minimum payments or not.

      Originally posted by blessed View Post
      When do I need to have the tax refund spent by? The day I file or the 341 meeting date? Can I say it went to pay the attn fees and mortgage payment and be done? (That's basically the total and it would be easier than saving receipts)
      If you can not exempt the amout, by the day you file. Attorney fees and mortgage payment are perfectly fine.
      Filed CH13 - 06/2009
      Confirmed - 01/2010

      Comment

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