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I wired money overseas ($70K) to help pay off my parents house. Will I have to disclose it even if it's over 1 year ago?

Dallas, TX |

I want to file CH 7. The transaction happened about 15 months ago.

Attorney Answers 4

Posted

Yes, you have to disclose it on the Statement of Affairs AND the trustee will go after your parents for return of the money. You need a consultation with a BK attorney. Timing is everything. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Asker

Posted

The trustee will go after my parents even after one year has passed?

Diane L Gruber

Diane L Gruber

Posted

Yep, 2 year look back period. Sorry. You should told your attorney. I would have told you to wait a another year to file Ch7 or advise you to file Ch13 which would mean monthly Plan payments of about $1300 for 5 years.

Asker

Posted

$1300. Is that the maximum payment for CH 13. I thought they would base it off income? If I file CH 13, the $70k transfer will not be an issue then?

Diane L Gruber

Diane L Gruber

Posted

Yes, it WILL be an issue AND you will have to pay back the $70,000 over a 5-year period. That's how I came up with the rough figure of $1300.

Posted

Yes, this information appears to be a disclosure required by the facts in your inquiry.
There are several reason to dislose, including a specific disclosure required by SOFA at question No 10.

You would likely benefit from reviewing this and all other matters with experienced bankruptcy counsel, to determine what effct this may have on your filing.
Good luck

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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Posted

Yes you must disclose and this transaction is problematic. Seek advise from an experienced and competent bankruptcy attorney.

I am not YOUR lawyer. You should not rely on answers to questions as legal advice. For legal advice you should contact a law firm for a consultation. Tokarska Law Center 185 West F Street #100, San Diego, CA 92101 (619) 285-1992 www.sdbankrupt.com Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code.

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Posted

Yes, if you transfer money to someone within one year of filing a bankruptcy petition, you must disclose it. If you transfer money to a relative within two years of filing a bankruptcy petition, you must disclose it. If you do not disclose it and you sign your bankruptcy schedules under penalty of perjury, you could be charged criminally and/or the trustee could seek to revoke your discharge.

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Asker

Posted

How would this affect me filing CH 7? Will the trustee go after my parents to get the money back even if it's over one year?

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