Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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I helped a family member with an Auction

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  • I helped a family member with an Auction

    I helped a family member sell some valuables at an auction. They were supposed to make out the check ($9400) to my family member (It is NOT mine)

    So the question is, do I have to have them reissue the check, or can I just cash at the bank it was drawn from it and give them the money? They want the money right away, but I don't want my name involved if it will hurt me

    Will that look like a suspicious transfer? (It's not, I wish it was mine, then I wouldn't have to file Ch 7!)

    Can they somehow see it?

    I would rather do it as safely as possible and tell them they have to wait for a new check, am I being too paranoid?

  • #2
    Getting the auction house to pay your relatives directly will certainly simplify your life. You didn't indicate where you are in the process but you don't want to have to explain why you had $9,600 run through your account just before filing. Even if you just cash it at the bank for cash you would need to disclose and explain it. You don't want it surfacing during your case. Depending on how the auction was conducted and how you were involved, you may still have to explain where the valuables came from. The auction house seems to think you get the proceeds so there may be some other records attaching you to the transaction.

    If you are retaining an attorney this would be a good question to ask them; if you are not at that stage yet I would avoid anything looking like a preferential or illegal transfer and get the check reissued to the proper party.
    Case Closed > 2/08/2010


    • #3
      Thanks for the reply

      For clarification: The items were paintings that belong to my parents (elderly, disabled) They are super procrastinators and the painting sat in storage for years, so I offered to help and actually try to get them to a local fine art auction. (You know, if something has to be done, do it yourself situation), Finally they can stop paying for the storage

      It is my name because I offered to to be the point of contact, just like I handled their electric, etc

      I contacted the auction house who are more than happy to correct and reissue the check, I will also make sure they specify their name on any associated paperwork

      They just would have liked the money quickly, and wondered why I couldn't just cash the check, but this has nothing to do with me, so I would rather make sure it is attributed to them, not me

      (I would not have put it in my account or cashed it against my account, I would have just cashed it at the bank it was drawn from)

      In the end, they will just have to wait a few more days so I am not involved with this transaction, which has nothing to do with me

      Thanks for the help


      • #4
        Not the exact same situation but my wife got a settlement prior to filing. The money went into our checking and we promptly used it all for home repairs. Again this isn't your case but the one thing that is similar is a large sum of money being dropped into your account (which the trustee will notice). I would "think" with a valid explanation and proof it might not cause much of an issue. Proof is the keyword though. But I would not do this, stay disconnected from the cash in anyway possible.


        • #5
          Thanks so much for the reply, I had the AH properly removed me from anything to do with it. That was a huge relief


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