Found an issue on this page? Let us know and we will look into it as soon as possible.
Is my checking/savings account activity from before filing chapter 7 monitored after I file?
Anonymous4 views3 answers
I currently have about $5,000 in my checking and savings accounts from a $2,000 family member loan for car repairs, $1,800 tax return, and my $1,200 safety net of two months rent. I don't plan to hide any assets, and I don't have any credit with this bank, but if I'm withdrawing several hundred here and there and I have a couple checks or debit payments worth $1,000+ go out and then file for bankruptcy a week or two later..
Can they see that? Will they call that fraud?
Will they try to get the money back from my mechanic & body shop?
I see I can only have $100 in my savings. Will the other $1,100 be taken?
How do I pay rent during my bankruptcy if I can't have money in the bank?
I can't pay my family member back during my bankruptcy, so should I pay them back before I file?
Usually you can protect cash depending on your ability to claim the federal exemptions vs. the state exemptions. You should consult an attorney about your ability to claim federal exemptions.
Usually, you can pay general living expenses (rent, food, car repairs, etc.) without much problem prior to filing. Do not pay anything to family members, because a trustee may be able to get that money back to pay your creditors.
You may be able to use the law of your state (or the federal law if that is required) to exempt your money from the bankruptcy estate. The exemptions can be tricky and what law applies depends on whether you lived in your current for the last 2 years continuously. The 2005 amendments to the bankruptcy law makes anything else a little more difficult.
Talk to an attorney to see what property is exposed to creditors and to get advice on what you can do and should not do with the money. Above all else, be open and honest with your attorney and you should be fine.
By the way, your attorney should ask for the last 1-2 months of bank statements or more. A trustee can ask for them as well. Some ask for the statement that includes the date of filing. Talk to a local attorney for more information specific to your case.
In Washington you are allowed to choose between the state and the federal exemptions. With very few exceptions, renters are better off going with the federal exemptions because they are able to exempt (or protect) more of their personal property from creditors and the trustee. Depending on the value of your assets (including your car and anything else of substantial value) you can probably protect all of your assets by using the federal bankruptcy exemptions. This means that if you filed a Chapter 7 bankruptcy, there is a good chance you would not lose any of your property.
As another commenter pointed out, both your bankruptcy attorney and the trustee will look at your bank statements for the period covering the date of your bankruptcy filing, and possibly for a couple months prior. But it doesn't sound like you have much to worry about. You are permitted to spend a fair amount of money on necessary expenses like car repairs, rent, groceries, clothing, utilities, and even entertainment. And you are allowed to have more than $100 in your checking and savings accounts, assuming you can protect that money with the federal or state exemptions. Depending on the value of your car and other assets, you can keep a few thousand dollars in your savings and checking accounts without any problems. Your life doesn't end when you file for bankruptcy, and the law provides you with certain protections and safeguards that are meant to keep you off the street.
A word of caution on paying back your family: You are permitted to pay them less than $600 before you file for bankruptcy, but you should be sure to give yourself a little breathing room and only pay back $590 or so. After you file your bankruptcy petition, you are free to pay back your family with post-petition earnings as you see fit. But you have no legal obligation to do so because that debt will have been discharged in your bankruptcy.