Just what I need- another mortifying moment to look back on.

[Tobin S.]

I just got back from bankruptcy court. I also just chugged a 40 ouncer of beer.

My lawyer told me that my bank account should not be more than $350 at the time of filing, because the court would take anything over that amount. I asked her when my bank account could total more than $350 again and she said the day after I file. I remember that clearly.

So I get into court today, and of course they have my bank statements. I figured everything was okay because it was clear that my bank account was under $350 the day I filed. Wrong. I had gone back a few days after filing and deposited what I had left of what I withdrew. That being about $1200. I had withdrawn $2500, but I used $1300 to pay my lawyer.

The trustee pointed this out and basically said it would not do. I was caught very off guard and had to explain the whole thing. I was under oath to tell the truth. So I told the guy what I have told you here. I hadn't thought I'd done anything wrong and there I was catching hell from the guy. A representative of the law office was there with me. She was trying to be helpful, but all she could do was confirm that I'd paid them on the day that I said I paid them.

It was all very embarrassing and I felt like a damn criminal.

The good news is that the bankruptcy will go through. The bad news is that I'll lose my tax return next year up to the amount that I had had over the $350. I would have rather just given up the $1200 rather than go through all that shit at the hearing. It's going to be the most costly $1200 I'll ever pay as far as my psyche is concerned.

[CaliforniaPeggy]

1. Oh, my dear Tobin...

I know you feel like a criminal, but that is one thing you're NOT.

I'm so sorry.

The laws are written to make trouble for anyone in your shoes...

[redwitch]

2. That sucks.

But it is done. Forward only Tobin, don't look back.

[mnhtnbb]

8. This ^^ is good advice.

I'm sorry you've had to deal with the legal system and the shaming designed by banks, insurance companies,
etc. The system is definitely stacked against the little guy who is just trying to do the right thing.

[lunatica]

3. when I filed bankruptcy I felt like a criminal too

Also when I stopped making mortgage payments so they would officially threaten foreclosure after 3 months so I could ask for a mortgage modification.

I got over feeling like a criminal because it's the credit card companies and the mortgage companies who are the criminals. Then they try and tell you what a criminal you are for not paying their outrageous fees and climbing interest rates while freezing your access to your credit.

So if you just think about it you'll see how you were probably the only person in that courtroom who isn't a criminal because you were following your lawyer's advice. So it's your lawyer's fault first and then everyone elses. You're just trying to survive.

[Tobin S.]

4. Thank you, my friend.

That helps put things in perspective.

I still feel like I could use another 40, though.

[rurallib]

5. good luck, Tobin. Lord knows you have tried everything you could

to avoid this. Hope it is a load off your mind.

[RebelOne]

6. I have filed for bankruptcy twice in the past 25 years,

and was never asked for my bank records. Maybe it is different in other states. I am in Georgia.

[Tobin S.]

7. Every state is different. I had to supply that past 4 months of bank statements.

Here in Indiana, if you have more than $350 in the bank they take the excess on a chapter 7 bankruptcy. The trustee chose to get the money through my tax refund.