Extra $ before BK

[favouriteslave]

What is the name of your state? California

We have retained a good lawyer and are preparing our info for filing in Jan 04. We obviously will have a lot of extra income between now and when we file since we arent still paying our bills. Would it be wrong if we used the extra money to purchase clothes, household items etc..........? We have gone a very long time without buying anything for ourselves when we were paying our bills. We are also moving at the end of the year and the house we are renting may require area rugs, new furniture etc........

Thanks for any advice.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

We have retained a good lawyer and are preparing our info for filing in Jan 04. We obviously will have a lot of extra income between now and when we file since we arent still paying our bills. Would it be wrong if we used the extra money to purchase clothes, household items etc..........? We have gone a very long time without buying anything for ourselves when we were paying our bills. We are also moving at the end of the year and the house we are renting may require area rugs, new furniture etc........

Thanks for any advice.

My response:

Yes, it's wrong. But, you won't understand, and you'll go out and buy all these nice things anyway - - and then you're going to get stung.

We'll let you learn the hard way.

IAAL

 

[HomeGuru]

What is the name of your state? California

We obviously will have a lot of extra income between now and when we file since we arent still paying our bills.

**A: Jeez, somehow, many of us would have a lot of extra income if we don't pay our bills. That's it. I need a raise. I'll stop paying my bills and get an instant raise and bonus. Wow, that's a real cool idea.

 

[jross2]

jross2

I am sure your "good lawyer" explained to you the difference between exempt and non-exempt items. If not, you better give him a call and find out, or IALL is right, you will get stung good!!

 

[anadude]

i guess you're going to be filing chpt 13, if you have so much money (how ever much that is) left over now. folks with a few hundred extra income a month in chpt 7 usually get the boot.

 

[Attorney2003]

i guess you're going to be filing chpt 13, if you have so much money (how ever much that is) left over now. folks with a few hundred extra income a month in chpt 7 usually get the boot.

ANADUDE--- I must disagree with you once again. Each BK case is different, with different circumstance, etc. That is why the trustee makes individual decisions on each case. I have seen many cases in which a couple or person has a few hundred dollars each month succeed in BK.


Good Luck in your journey!

 

[favouriteslave]

I was asking for advice not smart a_ _, wisecrack retorts. My question could have been answered without that. That is the same respect I would have given anyone else here no matter how ignorant or stupid the question was! This is an advice website right? What I got wasn't advice it was totally rude and I think someone was trying to make me feel guilty for having to file BK. Things in our life arent picture perfect, thus BK.

Anyway all of you are wrong. We only have extra income now because I'm still working. My job ends in December and I'm not going back because I'm pregnant. So there goes our extra $. We have gone without so long to the point we are wearing underwear with holes in them. We have a 10 year old mattress that is killing my back. I really doubt that the trustee for our Ch 7 is going to come in and take away my underwear and household necessities including anything we need to buy for the baby.

No we are not SO irresponsible that we would go out ANYWAY and blow all our money. We would only use it on necessities, not luxuries. Funny how you would assume since we are SO irresponsible for having to file BK to begin with that we are naturally stupid or something. Some people who think they are posting advice here are beyond rude and really upset and turn people off. Having debt and going through a BK is upsetting in its own and sometimes all we want is a good opinion not sarcasm. The only person who seems to give unbiased advice is Ladynred.

Sorry I asked

 

[Ladynred]

Thank you

Attorney2003 IS correct, it all comes down to individual circumstances and each Trustee. Some of them go after people with a vengence and very much get into every nittty-gritty detail with questions. Most of them are so overwhelmed with cases that they simply don't have the time or the staff to do full investigations into where every penny a petitioner lists goes or went.

Spending money on necessities is rarely questioned and if they are for some reason, if you have documentation it helps enormously. I, personally, am keeping every freakin' receipt for everything I spend money on for the next few months until I file. If there are ANY questions, I will be able to produce proof of where the money went. With a baby on the way, additional expenses are expected and if you have some extra cash NOW and you buy things - exempt things - for your home in preparation for the new baby, I don't know that a Trustee would take you to task for that.

What matters most is what your income and expenses are ON THE DAY YOU FILE. As long as your lawyer knows your situation then you let him/her work for you and advise you- that's what you're paying for

 

[I AM ALWAYS LIABLE]

I think someone was trying to make me feel guilty for having to file BK.

Anyway all of you are wrong.

We have gone without so long to the point we are wearing underwear with holes in them. We have a 10 year old mattress that is killing my back. I really doubt that the trustee for our Ch 7 is going to come in and take away my underwear and household necessities including anything we need to buy for the baby.

No we are not SO irresponsible that we would go out ANYWAY and blow all our money. We would only use it on necessities, not luxuries. Funny how you would assume since we are SO irresponsible for having to file BK to begin with that we are naturally stupid or something.

======================================

My response:

You never mentioned "underwear" or a new "mattress". Those are "necessities."

But, here's what you mentioned - -

"We are also moving at the end of the year and the house we are renting may require area rugs, new furniture etc........"

Apparently, you feel it's just fine that YOU stick us with your debt, and then feel it's okay to buy "area rugs, new furniture etc........" which are NOT necessities. Oh, they may be "necessary" for YOU, but not so in the eyes of the law - - or the BK Trustee.

Obviously, you have no idea what happens to your debt after BK. You undoubtedly think that it merely "disappears" into thin air. Sorry, but we, the public, get stuck with YOUR tab in the nature of higher costs of goods and services.

That's why I wrote what I wrote to you. You are apparently under the impression that you have the right to purchase non-necessities in an unfettered manner.

IAAL