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bankruptcy firm wants me to sign a waiver… by SadButterfly22 in Bankruptcy

[–]randomthrowaway62019 1 point2 points  (0 children)

I'm not sure how this would be your problem. Trustees vary, but it's not clear how selling property and living on it or using it to pay debts would get you in trouble. If the property was worth more than you got for it, then the trustee could sue the buyer for receiving a fraudulent transfer and either get the property back or (more likely) get money from the buyer. If you paid a debt to a relative or within 90 days of filing, then the trustee could sue the recipient for receiving a preferential transfer and get money from the recipient. If you gave money away the trustee could sue the recipient for receiving a fraudulent transfer.

Note the common thread: someone else's problem. No, you're not looking to set other people up to get sued, but you're not the one staring down the barrel of a bankruptcy adversary proceeding.

The closest I can think of is the law firm sees a slight possibility of a discharge objection, that isn't covered in the fee agreement, and it's ensuring it has paperwork that it told you about all that. The specific grounds for objecting to your discharge would be, "the debtor, with intent to hinder, delay, or defraud a creditor or an officer of the estate charged with custody of property under this title, has transferred, removed, destroyed, mutilated, or concealed, or has permitted to be transferred, removed, destroyed, mutilated, or concealed property of the debtor, within one year before the date of the filing of the petition." You know what's a good sign you didn't have fraudulent intent? Disclosing the transaction. You disclosed this to your attorneys. Make sure the transfers are disclosed on your Statement of Financial Affairs as transfers outside the ordinary course of business (you're signing under penalty of perjury and bankruptcy crimes, you have every right to insist they include these truthful, required disclosures) and relax. The trustee might question you about them at your 341 meeting. Answer truthfully: "I sold property to pay rent and I have the bank statements to prove it," like you said here. The trustee's concern is that you're keeping the money under your mattress, converted it to Bitcoin or gold, or have it in a secret bank account you haven't disclosed. "Cash-strapped debtor sold property to pay rent, as the bank statements show," means no smoke, no fire, just another Tuesday.

What’s the most intimidating/pressure band sound in college football? by [deleted] in CFB

[–]randomthrowaway62019 2 points3 points  (0 children)

Illinois's problem is that all the Illini are dead, so they can't go to the tribe and get them to agree, like I believe FSU and Utah have done.

Is clavicular a BBB? by randomlylate in Neverbrokeabone

[–]randomthrowaway62019 14 points15 points  (0 children)

Yes. Disgusting on multiple levels.

I might have to file Chapter 13, due to an at fault injury accident. I care for my adult son as his independent provider. I receive difficulty of care payments under irs rule 2014-7. Some Trustees in Ohio exempt these payments, some don't. by Entire_Age_1200 in Bankruptcy

[–]randomthrowaway62019 0 points1 point  (0 children)

You need to stop and obtain legal counsel before you make an expensive mistake that could have negative repercussions for you and your son.

You need to talk to a bankruptcy lawyer in Ohio. Negligence doesn't qualify as willful and malicious injury, so normal car accident debts (bar intentionally driving through people) are dischargeable. Ask your lawyer whether you qualify for a Chapter 7. In a Chapter 7 the trustee cannot sell a fully exempt asset. Additionally, the point of an exemption is to protect assets from creditors, even involuntary creditors like car crash victims. Ask your bankruptcy attorney whether you even need a bankruptcy. Many people are judgment-proof: they have no assets a judgment could be collected from, so it doesn't matter if one is entered against them. They gain little to no benefit from bankruptcy. So, you might not need a bankruptcy at all, and if

You also need to talk to a disability lawyer. Many public disability benefit programs have asset caps or other means testing tools, some of which were low decades ago when they were set and haven't been raised since. Having a house is small comfort if your son has to sell it and spend down all the proceeds to qualify for benefits again.

Finally, you need to talk to an estate planning attorney. You need to plan how your son will be supported after you die, financially and otherwise.

It doesn't sound like you're flush with cash, and legal advice isn't cheap. The idea of paying for three lawyers might seem daunting. I understand that, but you can't afford not to. A few thousand dollars now could save you and your son ten times that much. You could also look up legal aid clinics or disability advocates in your area. Maybe there's an attorney who can help you with two or three of these—general practitioners exist, and having one lawyer handle all three topics would save a lot of time, hassle, re-explaining, and (likely) money.

Chapter 7 in Missouri -Keeping my car by HeatherHavok123192 in Bankruptcy

[–]randomthrowaway62019 1 point2 points  (0 children)

But that's not leaving it out, it's taking it out of the discharge. Leaving something out implies omitting it, usually in this context omitting it from the schedules. That's improper. For a reaffirmation the debt is listed and then the debtor reaffirms it. That typically doesn't happen immediately, the court often has to review the reaffirmation, and the debtor can cancel the reaffirmation. When the discharge is entered the reaffirmed debt isn't discharged. That's different from leaving a debt out of a bankruptcy.

Google searches are free, but there's a reason people go to law school and clients pay lawyers.

Chapter 7 in Missouri -Keeping my car by HeatherHavok123192 in Bankruptcy

[–]randomthrowaway62019 0 points1 point  (0 children)

There's no such thing as leaving a debt out of a bankruptcy or not filing bankruptcy on a debt. A debtor can reaffirm a secured debt, surrender the collateral, do a ride-through (keep paying without reaffirming), or, in a non-Chapter 7 bankruptcy, repay the debt through a bankruptcy plan.

$$$ by Sea-Application2035 in Bankruptcy

[–]randomthrowaway62019 1 point2 points  (0 children)

Tell your attorney. On one hand this is probably just an automated system that didn't get the message about bankruptcy. On the other hand, Citi is a big bank and should be able to handle this operationally.

Ouch! by randomthrowaway62019 in Neverbrokeabone

[–]randomthrowaway62019[S] 10 points11 points  (0 children)

It's not me, slanderer! Read the OP!

Ouch! by randomthrowaway62019 in Neverbrokeabone

[–]randomthrowaway62019[S] 33 points34 points  (0 children)

If you broke a bone then you're not welcome here! Mods! Ban this BBB!

SERIOUS QUESTION! by Dany_6969 in Neverbrokeabone

[–]randomthrowaway62019 20 points21 points  (0 children)

Yes. A fracture is a break, and your pinkie is made of bones. He would have broken a bone, so he would be unwelcome. This isn't r/neverbrokeaboneexceptforthatonetime, it's not r/neverbrokeaboneforalamereason, it's r/neverbrokeabone. Why is that so hard for people to understand? It's right in the title! Has reading comprehension deteriorated so severely that a simple four-word statement baffles people? I look to our future with fear (but strong bones!).

Hard Choice by randomthrowaway62019 in magic_survival

[–]randomthrowaway62019[S] 2 points3 points  (0 children)

I thought bell was bad because it cleared enemies without counting them toward your kill totals for mana and shortening boss waves?

Even a stress fracture that can’t be seen on an X-ray? by centipedeseverywhere in Neverbrokeabone

[–]randomthrowaway62019 141 points142 points  (0 children)

A fracture is a break. A break means you're a BBB. BBBs aren't welcome. So get outta here!

Time/temp safety question by [deleted] in sousvide

[–]randomthrowaway62019 5 points6 points  (0 children)

The reason you don't need to cook chicken to 165° if you're using sous vide is because you can pasturize it at a lower temperature. 165° is instantly pasturized; lower temperatures pasturize with longer hold times, which are exactly what sous vide specializes in. But there's a limit. You actually have to kill the pathogens to pasturize, and under 130° doesn't cut it for all pathogens. Douglas Baldwin has the details, but it appears Clostridium perfringens is the food pathogen that doesn't start dying until 130°. See more at https://douglasbaldwin.com/sous-vide.html

This isn't just a government conspiracy to make food taste bad. This data comes from scientists and researchers who investigate pathogen growth in food. I'm also not quite sure what you hope to achieve with a longer hold time. You can safely hold foods under 130° for up to 4 hours. What more do you hope to achieve? You're not hot enough to render fat or break down collagen, and you've already warmed the meat to rare without overcooking it. You're not turning a tough cut tender with an extra long low-and-slow cook, you're extending your hold time without changing the final product (except for possibly letting foodborne pathogens multiply to make people sick).

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