I had filed for Chap 13 in 2011, which I ended up paying $180.00 a month for 2 years. Then my payments would have gone up to 534.00 a month. I knew this from the beginning. My attorney stated the reason I couldn't file Chap 7, is I sold property in Fl in 1/2008 of which I gave my daughter 26,000.00 as part of the equity. loan was under my name. Attrny said, that would be considered a gift which bankruptcy could ask my daughter to pay back to me.. I just couldn't do it so that's why I did chap 13. Attorney stated that if I stopped payment on my Chap 13 it would be dismissed, then we could file for chap 7. Now he said cant do that, as I gave my son some money towards a few of his bills. my total amount I have pd my attorney is just above $12,000. and still no bankruptcy. I'm now confused.
You don't state HOW much $ you provided your son. My guess it is substantial...not just $1000 or less. And my guess is you did so w/o asking or obtaining attorney advice first. The law is meant to create it such at all creditors are created equal and not favored in payments. And in a gift situation, it means you gave away assets that could have been used by your creditors. What is not discussed yet is your other options. YOu might want to go into a new experienced bankruptcy attorney and sit down and explain all the above. THEN, ask HOW long would you have to wait until the first $26,000 is no longer an issue as if you paid it in 2008 then that issue must be looked at; related to that is does the effect of filing bankruptcy extend that time period. If that is NO longer an issue, then the issue is your recent gift which we don't know WHEN you gave your son and HOW much you gave him. The attorney can sit down, go through those time lines with you. See DONT give or pay and relatives money and obtain that advice in person.
You do not mention the amount you gave your son but
I general you can not give away assets or pay the bills of friends or family members while in bankruptcy.
I'm confused here. Have you been paying the Chapter 13 trustee AND paid your lawyer $12,000.00? If you paid your lawyer $12,000.00 that's an outrageous sum of money.
I think you need to have another lawyer review this Chapter 13 and how much you paid your lawyer.
Moreover, he is correct that money you gave to your daughter as a gift would be considered either a preference or fraudulent transfer and so the trustee in Ch. 7 could go after your daughter.
If you allow your Chapter 13 case to be dismissed, then you would have to wait 180 days to refile. At that point you could refile under a Chapter 7 and chances are your original gift from a January 2008 sale would simply be way past the statute of limitations of 4 years under the Florida uniform fraudulent transfer act or FUFTA.
I am not sure what to say about money you gave your son, how much and when. No details there.
Click on "Find a Lawyer" above and locate a bankruptcy lawyer in your area to consult with you on these issues.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
Prior post is inappropriate and likely misleading. It seems one important fact is you choosing to give money to your son during case pendency. I suggest you simply speak openly with your attorney to clear the air or else seek a second opinion at this time. Full details would need to be known. Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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