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S

Stupidest

Guest
What is the name of your state? Illinois

OK, I have recently been discharged from a CH 7 BK ( July 23 ). 4 months before I filed, not positive I was going too, I paid off some cash family loans. You guessed it, preferential tranfers. Naturally the Trustee wanted this money back. The Trustee wrote letters to the three people involved. My mother-in-law never received the first letter. My daughter responded to the Trustee and told him she didn't have the money to give him. My dad hit the roof, claimed he didn't owe anyone anything said he didn't loan me anything wrote the Trustee that I was a liar and said he wouldn't pay.
Now the Trustee has filed a verified motion for entry of default judgement against my mother-in-law and my daughter. I haven't heard from my dad yet. My mother-in-law is 76 yrs old and in poor health with no and I mean NO assets and no income other than Social Security. My daughter has a decent job, a car,and a checking account. My dad is well enough off with a decent amount of money and assets.

Ok here's the questions. What can happen to these individuals from here on. My dad says the burden of proof is on me and the trustee and seeing as these were cash loans and cash payments there really isn't any paper proof. Will I have to go to court and testify that my dad is lying while he does the same about me? Can the trustee win just on my word?

What happens to my daughter? Will she be garnished, will her bank account be seized. Can she still negotiate a settlement with the trustee? Can she file bankruptcy herself to get rid of this judgement?

My Mother-in-law? What can be done to her. My lawyer told me not to worry about her, that she was judgement proof.

Any help would be welcomed
 


Each of them needs their own lawyer, who should not also be representing you because your interests are adverse.

Speaking generally now, if a bankruptcy lawyer knows about an insider payment, he can advise a prospective debtor about the advantages and disadvangages of waiting for the one-year insider preference period to expire before filing. Although the debt in question is often wiped out by the bankruptcy (despite the fact that the family creditor has to repay the trustee), debtors frequently repay the debt a second time when they get back on their feet because they want to preserve family harmony.
 

bigun

Senior Member
This is one where you get a 2nd job and start paying your family back.
Didn't your lawyer warn you that paying near $20K to insiders would be challenged?
 
S

Stupidest

Guest
When it happened I was still trying to work things out and wasn't planning a bankruptcy filing

Would someone please go point by point on this
 
S

Stupidest

Guest
Please,my questions are in the second paragraph

I'm not concerned about myself only what my family is going to have to go through
 
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S

Stupidest

Guest
Ok here is my original post. If I'm doing something wrong let me know. I've ran a search and can't find answers to the following. If no one knows I guess there will be no response but thx for reading anyway

If some of you have read any of my earlier post you know that the Trustee in my BK is going after my relatives for preferential transfers. One of these people is my daughter. She has to appear in court to show her assets and income in a couple of weeks. I assume the Trustee will at that point make some effort to collect, Right?

She is a single parent with a decent job but not a great job. Right now her income covers her expenses,(car payment, child care, a couple of credit cards with moderate balances.) I assume the Trustee is going to garnish her wages. I believe it's 15% of gross income in IL but not sure. This is probably going to push her over the edge of not being able to meet her other bills.

What should she do? File BK herself?

Is this judgement dischargable?

She has been going along just fine up to this point. She has charged on her credit cards, paid her bills ontime. Will this affect her chances of filing?

Can she still negotiate with the Trustee to maybe cut the amount she owes?
 

Ladynred

Senior Member
Why not ask your BK lawyer if the debt to the Trustee would be dischargable if your daughter had to file ???
 
S

Stupidest

Guest
My BK lawyer, having received his money and finished with my BK, feels his job is done and will no longer dish out free advice
 

Ladynred

Senior Member
Sorry, didn't realize yours was already discharged. :(

I don't see anywhere in the non-dischargeable debts that says a judgment from a BK Trustee is NOT dischargable.....
 

winky

Junior Member
Stupidest said:
My BK lawyer, having received his money and finished with my BK, feels his job is done and will no longer dish out free advice



Stupidest,
Make an appointment with ANOTHER BK lawyer--initial appointments are free!

Winky
:)
 

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