Bankruptcy Law
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Answered in 10 hours by:
8/15/2019
JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,338
Experience: Managing law firm partner
VerifiedHello I will be the attorney assisting you today. Please note this site is for general information for educational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. You may receive an offer from the site for a phone call that I have no control over being offered to you. This is an optional paid service and another expert would call you when available as I do not participate in calls as an actively practicing attorney.Correct, anyone you pay generally 90 days (up for 2 years sometimes though) before bankruptcy could be considered a preferential treatment. There would be no reason to pay debts that would be discharged at the end of the Chap 7 anyway. Even if there is a judgment that is wiped away as the underlying debt is discharged.If anything she would have to return the money to the trustee. But that is unclear as your situation sounds unique in that it may be considered paying her expenses per down type of separation it sounds like, or whatever the arrangement is. That is a much much tougher question. A bankruptcy lawyer would need to review all of that in person and go over all of your finances and that arrangement to have a better handle on it. It could be a gift, but this spins a big different as it could be considered “spousal support” or “child support” versus a gift m; and this not an issue.The only other issue I foresee is passing the means test as your income does sound high. I would consult with a local BK lawyer and go over the above as well as do the means test to make sure you can file Chap 7Please let me know if you have any questions about my reply. I'll be glad to answer them.
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If I've answered your question fully I would greatly appreciate a 3-5 star (hopefully 5) rating at the top right of this chat box ★★★★★ and hit "Submit." If the star rating does not show, please reply "5 stars" (however many you are leaving) or "thank you" so I can submit it manually to the site for credit. That is the only way I get paid by the site for my time replying to the inquiry as I am a practicing licensed attorney and not an employee of this website. It costs you nothing to give a rating.
JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6,338
Experience: Managing law firm partner
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
