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before and after attorny

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  • ValleYum
    replied
    I agree with Peeps. You need to be very, very careful of everything you do in the months leading up to filing for bankruptcy or it will come back and bite you in the butt.

    Why wouldn't you just have your wife file too so you can get rid of the credit card debt in one fell swoop?

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  • Peeps
    replied
    Simple transaction #1
    If you're already planning a bankruptcy for yourself, this could be problematic no matter when you meet with your attorney. You're preferentially paying a creditor, knowing that the other creditor(s) will be screwed. The trustee could pull the money from the joint card and redistribute it. That's if, of course, your insurance company doesn't pitch a fit about an $11k payment that may not have been applied as intended.

    Simple transaction #2
    Reasonably spending-down cash prior to a BK is part of some peoples' pre-bankruptcy planning. Pre-paying for items is usually limited to a couple of months in advance. Putting costs on a credit card when you know you're going to claim bankruptcy is fraudulent... especially in this case when you're receiving cash specifically for those expenses.

    It may sound harsh, but your simple transactions could really get you into some hot water. It's unlikely anyone here could/would advise you on the timing of your spending decisions and your attorney visit because the forum isn't set up to help people navigate fraudulent activity. Besides recommending avoiding it, of course. Be honest, stay within the law, and know that no detail is too small to most trustees. Best of luck to you.

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  • harris
    replied
    I'll give a simple transaction.
    i have CC debit of $60,000
    My spouse and I have joint debt of $7000

    We had hail damage on the house, we got a check for $11,000 dollars. The check is in both of our names.
    Can we use the check to pay off the Joint Credit card, and have the left over money in Wifes bank account.
    The mortgage is in my name and my name only.

    We are trying to have only myself file, and not the wife.

    Second transaction- If my wife does not have to file.

    We get $10,000 a year from the State. For reimbursement for certain "medical expenses'for our child.
    She gets supplements(approved by a doctor and the state) they cost $600 a month. (this is only 1 type of expense)

    Can I pay for them, draining any exces money I have. Or pay for them instead of paying my CC bill.
    and since the money is given to my wife by the State and placed into her account. ,

    What wolud be the status of this money in a BK filing? Keeping in mind that we dont want my wife to file.


    Would that type of transaction be allowed to stand?
    Last edited by harris; 06-13-2011, 03:49 PM. Reason: add more

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  • keepmine
    replied
    We don't like to deal with hypotheticals.
    You'll save us all a lot of time if you'll tell what sort of transactions you're contemplating.

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  • harris
    started a topic before and after attorny

    before and after attorny

    Perhaps someone with more experience can speak about this.
    I read somewhere , That their are certain transactions that might be okay before you meet with a Lawyer, but those same Transactions would be be a problem if they happan after you met with a Lawyer.

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