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  • Ohio Bankruptcy and Vacation

    I am filining chapter 7 bankruptcy. My wife and I are seperated and she left me with a ton of debt. We had planned and spent money for a trip to europe prior to the seperation. We are still going as friends and she is funding the trip since I am going thru bankruptcy. We are getting a disolution in a couple months, she has to wait 6 months once becoming a florida resident. Do I need to notify the trustee about said trip? I really want to go, just don't want this to be the cause for fraud. I am filling around May 15th, the trip starts on the 17th of July. Is this going to be a problem?

  • #2
    re: Ohio Bankruptcy and Vacation

    I wish to inform you that you may inform the situation to the trustee and take the trustee's guidance in the matter.

    AFF

    Comment


    • #3
      re: Ohio Bankruptcy and Vacation

      As you are still married, you have a legal obligation to inform the trustee of what appears to be a fraudulent conveyance.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Originally posted by ruel View Post
        I am filining chapter 7 bankruptcy. My wife and I are seperated and she left me with a ton of debt. We had planned and spent money for a trip to europe prior to the seperation. We are still going as friends and she is funding the trip since I am going thru bankruptcy. We are getting a disolution in a couple months, she has to wait 6 months once becoming a florida resident. Do I need to notify the trustee about said trip? I really want to go, just don't want this to be the cause for fraud. I am filling around May 15th, the trip starts on the 17th of July. Is this going to be a problem?
        I have to say, it's going to look awfully suspicious that you and your wife can afford a lavish European vacation while you are filing for bankruptcy.

        Is your separation a legal separation (as in, done through the courts)? Or are you simply living apart? Presumably, there may be marital assets that need to be considered as part of your divorce settlement. Plus, for your wife to allegedly leave you with such substantial debt, yet still somehow can afford to spend on a European vacation just doesn't seem that credible to me.

        I suspect that your story will seem a bit far fetched, and going on that vacation can have a seriously negative impact on your plans for a successful bankruptcy.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

        Comment


        • #5
          Re: Ohio Bankruptcy and Vacation

          Originally posted by ruel View Post
          I am filining chapter 7 bankruptcy. My wife and I are seperated and she left me with a ton of debt.
          How did SHE leave YOU with debt?


          We had planned and spent money for a trip to europe prior to the seperation
          .


          We are still going as friends and she is funding the trip since I am going thru bankruptcy
          .

          The way the 1st quote is phrased, to me is, you already went, now you say you are going again?

          Should that say "saved" money for a trip? You say you "spent" money!



          Do I need to notify the trustee about said trip? I really want to go, just don't want this to be the cause for fraud. I am filling around May 15th, the trip starts on the 17th of July. Is this going to be a problem?
          Ohio Exemptions permit so much "cash on hand" by the debtor. At your initial consultation be SURE to tell your Attorney of this, he or she will tell you if this is proper as you are still married, and or, if you must file as joint debtors.

          He or she may suggest Chapter 13 instead of 7!

          Excess cash on hand by you or your spouse may be considered as payable to the creditors, your attorney can advise.

          The Creditor's meeting, known as a 341 meeting, is when the Trustee reviews your bankrupcty, your attorney knows what to do then and how you filed your assests, you don't tel the Trustee anything unless he asks.

          Comment


          • #6
            Re: Ohio Bankruptcy and Vacation

            Originally posted by ruel View Post
            I am filining chapter 7 bankruptcy. My wife and I are seperated and she left me with a ton of debt. We had planned and spent money for a trip to europe prior to the seperation. We are still going as friends and she is funding the trip since I am going thru bankruptcy. We are getting a disolution in a couple months, she has to wait 6 months once becoming a florida resident. Do I need to notify the trustee about said trip? I really want to go, just don't want this to be the cause for fraud. I am filling around May 15th, the trip starts on the 17th of July. Is this going to be a problem?
            Sounds like you will be more than ready for a vacation in July with all you have been through. A ton of debt, divorce, filing bankruptcy -- a few points on the stress scale.

            The soon to be ex is funding the trip I cannot see a problem with the bankruptcy court. However, if the schedule of proceedings requires your attendance at bankruptcy court during the time you will be in Europe, you need to notify the court you will be out of the state from Xdate to Xdate.

            As to spouses being required to file for bankrtupcy of the assets of the spouse being considered, that is not the case. One half of a married couple can file for bankrtupcy, even in community property states, without the other half being joined.

            Comment


            • #7
              Re: Ohio Bankruptcy and Vacation

              Sorry if that is confusing. We are going on a chartered club trip. The dues for the trip we paid while we were still together. The plane tickets were also bought. If this is an issue I will not file as I don't want to commit fraud. I will just need to find another way to reduce my debt.

              As for why she left me with debt. I let her do the bills because she wanted to do them. I didn't question her because I trusted her. My mistake! She moved to Florida and I started to look at my debt. My fault!

              Comment


              • #8
                Re: Ohio Bankruptcy and Vacation

                Originally posted by ruel View Post
                Sorry if that is confusing. We are going on a chartered club trip. The dues for the trip we paid while we were still together. The plane tickets were also bought. If this is an issue I will not file as I don't want to commit fraud. I will just need to find another way to reduce my debt.

                As for why she left me with debt. I let her do the bills because she wanted to do them. I didn't question her because I trusted her. My mistake! She moved to Florida and I started to look at my debt. My fault!

                What has been spent is spent. Talk with your bankruptcy attorney for assurance about how you file, what is reported, your list of debts -- the overall picture plus any specifics you have. Wage earners are steered to Chapter 13 now, a payment plan to pay their debts over so many years. That is a result of the wholesale revision of the bankruptcy law a few years back. Chapter 7 is available to the self employed or unemployed where there is no regular paycheck upon which to base a repayment plan.

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