Will bank checks be part of my income and will adoption money be part of it as well? 11 Answers as of May 29, 2015

I am going to be filing chapter 13 soon. I have a few bank checks.

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Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Under the Means test, the general rule is that any new source of money that is not social security benefits, will be counted as income. (I am not sure what you are calling "Bank checks" so I have to assume it is new money to you.)
Answer Applies to: Georgia
Replied: 5/29/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Your question is unclear. I'm not sure what you mean by "bank checks" as income. What is the source of the funds? That is the determining factor. Yes, adoption money is income. All cash flowing into the household, with few exception, constitute income for the purposes of completing Schedule I and Form B22. If you are uncertain, you might consider retaining a lawyer to guide you.
Answer Applies to: Colorado
Replied: 5/29/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
All debt must be included in the bankruptcy petition. What happens to that debt depends on more details. Assuming you mean chapter 13 when you say chapter 13 and not chapter 7, the best thing I can say to you is do not file a chapter 13 without an attorney because the success rates statistically speaking for pro se filers doing a repayment/restructure type of bankruptcy are less than 2%. Since you will be hiring a lawyer they will review all the debts you have and the circumstances surrounding how those debts were incurred. Whether any particular debt is discharged can depend on type of debt, timing of when it was incurred, your intent as far as repaying it. This is a discussion you will have with your attorney before deciding whether and when to move forward.
Answer Applies to: California
Replied: 5/29/2015
Stephens Gourley & Bywater | David A. Stephens
Generally all income is counted in Chapter 13.
Answer Applies to: Nevada
Replied: 5/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: retain an experienced bankruptcy lawyer. It's almost always worth the investment. It's not clear from your question what the bank checks represent. If one is a birthday gift from your aunt, it is not income. If it is payment for any goods or services, it is likely income. And you must disclose all income, just as you must disclose all your property and all your debts. If the checks are income, but are a one-off occurrence, your lawyer can explain the facts on the bankruptcy papers and directly to the Trustee. That should solve any problems.
Answer Applies to: Wisconsin
Replied: 5/29/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I have no idea what you might mean about bank checks. If a bank is paying you, it is part of your income. Next time you ask a question, try to provide more details.
    Answer Applies to: Nevada
    Replied: 5/29/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Your income for determining your plan payments is your future income not your past income.
    Answer Applies to: Ohio
    Replied: 5/29/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You need to discuss this with your bankruptcy attorney. It's unclear what you mean by "bank check." If by "bank check" you are referring to a check that someone used to pay you, then that is income. If you are referring to a check that you obtained at the bank from your own funds and intend to give to someone else, that is an asset. If you don't have an attorney, please go see a knowledgeable local bankruptcy lawyer for at least a consultation and hopefully to take your case. If you file a chapter 13 part of the attorney fees can usually be included in the plan. This is a complex area of the law that most attorneys won't handle. It is not a DYI project. If you read these posts most of the bad results are when this is undertaken in pro se and without legal assistance.
    Answer Applies to: California
    Replied: 5/29/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The adoption funds are income. I have no idea what you mean by "bank checks" - are you asking about certified funds you received? Those could be income or assets depending on why you received them. You should check with local counsel.
    Answer Applies to: California
    Replied: 5/29/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    All your income is part of the chapter 13.
    Answer Applies to: New York
    Replied: 5/29/2015
    The Law Offices of Ryan F. Beach, PLLC
    The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
    I am not exactly sure what you mean by bank checks and adoption money; however, all income should be disclosed and included in your filing. A bankruptcy attorney would be able to review the sources of money that you are talking about and make the determination of how it should be disclosed and included in your filing. It may be that the income sources you are referring to have to be disclosed, but will have no impact on your payment plan - commitment period/plan length or payment amount. Again, this is an issue that should be taken to a bankruptcy attorney.
    Answer Applies to: Michigan
    Replied: 5/29/2015
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