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My sister the big spender

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Re: My sister the big spender

Postby Serial_Worrier » Mon 10 Aug 2009, 00:35:17

$this->bbcode_second_pass_quote('Cog', 'I') thought I would update this story a bit. My sister called today informing me that they would be declaring bankruptcy. She attempted to borrow some money from my father and that did not end well. --snip--
I hope that if they do move in with me, that they can appreciate a more simple lifestyle involving beans, rice, and not much eating out. :) It will also help to have a couple more people around to play pinochle and spades in the evening.

Do you honestly think they're going to accept beans, rice and pinochle in the evenings? Well, you better make them EARN their food, maybe some manual labor in your doom garden? :twisted: :twisted: :twisted:
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Re: My sister the big spender

Postby Cog » Mon 24 Aug 2009, 19:08:02

Update 2

They have consulted a bankruptcy lawyer but didn't ask the question that I would have asked. My sister thinks they will lose their current residence(one of two that she actually doesn't have a mortgage on)

She did ask me an interesting question. If she were to sell me her current house and the other house for next to nothing, could that possibly protect those from being seized in a bankruptcy? Another question for her lawyer, but just wondered if anyone here knew the answer.

I did tell her after she files bankruptcy to stop paying on those credit cards and anything else she thinks she is going to lose and keep whatever money she has in cash and not in the bank. Don't know if that is good advice but its sounds logical.
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Re: My sister the big spender

Postby Cog » Mon 24 Aug 2009, 19:22:11

$this->bbcode_second_pass_quote('Serial_Worrier', 'D')o you honestly think they're going to accept beans, rice and pinochle in the evenings? Well, you better make them EARN their food, maybe some manual labor in your doom garden? :twisted: :twisted: :twisted:

We discussed this tonight and I basically informed her of my simple lifestyle and she would be expected to work and contribute. Although I am not convinced she truly understands what is getting ready to happen to her and her former lifestyle, experience generally proves to be an excellent instructor.
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Re: My sister the big spender

Postby Minvaren » Mon 24 Aug 2009, 22:35:01

$this->bbcode_second_pass_quote('Cog', 'S')he did ask me an interesting question. If she were to sell me her current house and the other house for next to nothing, could that possibly protect those from being seized in a bankruptcy? Another question for her lawyer, but just wondered if anyone here knew the answer.


It might lead to the bankruptcy filing being denied, as it would (rightfully) be construed as her attempting to game the system. Have her ask the lawyer what state law is regarding filing and what can and can't be seized as a result (in TX, they can't seize your only residence or only transportation - as long as you keep paying the note, for example).
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Re: My sister the big spender

Postby the48thronin » Tue 25 Aug 2009, 01:26:11

$this->bbcode_second_pass_quote('Cog', 'U')pdate 2: She did ask me an interesting question. If she were to sell me her current house and the other house for next to nothing, could that possibly protect those from being seized in a bankruptcy? Another question for her lawyer, but just wondered if anyone here knew the answer.
I did tell her after she files bankruptcy to stop paying on those credit cards and anything else she thinks she is going to lose and keep whatever money she has in cash and not in the bank. Don't know if that is good advice but its sounds logical.

In Alabama you are allowed to have 15,000 through bankruptcy. They make you give sworn testimony about the value of cars, house furniture personal property, and CASH ON HAND!

Also in Alabama if they sell you the houses, they cannot file the bankruptcy for 6 months or you will forfeit the houses unless they can show you paid actual value and they can show the money was spent on bills etc. Much too late to help your sister, why didn't they put their flipping business ( pun intended) in a corporation. Then the corp could file bankruptcy instead of them.

Even tho bankruptcy is a federal thing, state laws vary, in Florida they cannot take your primary residence, in Alabama they can and do. Good luck to them.

PS several articles lately about people going to JAIL for years for lying in a bankruptcy court and hiding assets etc...
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Re: My sister the big spender

Postby Grautr » Tue 25 Aug 2009, 05:37:10

$this->bbcode_second_pass_quote('TWilliam', '')$this->bbcode_second_pass_quote('Cog', 'I') hope my sister isn't typical of the boomer generation who bought into the whole borrow and spend mentality but I'm afraid she might be.

Unfortunately Cog, she's very typical. A large percentage of her generation have mortgaged their grandchildrens' future so they could have fun. Remember the bumper sticker, "I'm spending my grandchildren's inheritance"? That would be the clarion call of the Boomers, and it's deplorable. I don't think I've met a Boomer couple in the last decade or more who doesn't eat out nearly every night because they can't be bothered to cook (even tho' they certainly have the time). Selfish, plain and simple.

No sympathy whatsoever for that mindset...



I was chatting to my Aunt who lives in Oregon on Facebook last month. She admitted that they had spent the kids inheritance.
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Re: My sister the big spender

Postby hope_full » Tue 25 Aug 2009, 05:58:16

Okay, back up the money truck for a minute. It is NOT "the kid's inheritance," - it is the parent's money. I'm 100% for elders spending their money as THEY see fit and enjoying it - down to the last dime. For if they end up in a nursing home, every last dollar (well, down to $2000) goes right down the toilet so that elder can be fed beige-colored gruel and sit in their own filth in a wheelchair in a pastel-painted lobby with lots of white tiles on the floor.

Medicare does not kick in until the elder has spent down to $2000 of ALL assets.

Back in the day, wealth and assets were transferred from one generation to the next. Now wealth and assets are transferred from the elderly to the medical corporations, via nursing home expenses.

On another note, I am a baby boomer and the daughter of two parents who lived through the depression. You wanna talk about a "me" generation? Look at the young people - the teens, the 20-somethings and even the young 30-somethings. They think living under a cloud of perpetual credit card debt is a way of life. At their young ages, they've amassed more debt in a few years than I *ever* amassed. And for what? Trinkets and trash and trendy junk, and fancy meals that are now long gone.

I've always lived a very simple life and I will remember the lessons of my youth. The baby boomers with which I'm familiar are a lot smarter than the posters here seem to imply.
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Re: My sister the big spender

Postby Grautr » Tue 25 Aug 2009, 10:01:22

Sure it was my aunt and uncles money but it was money they had set aside for the kids inheritance. Thats her words not mine.
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Re: My sister the big spender

Postby vision-master » Tue 25 Aug 2009, 10:08:02

$this->bbcode_second_pass_quote('', 'B')ack in the day, wealth and assets were transferred from one generation to the next. Now wealth and assets are transferred from the elderly to the medical corporations, via nursing home expenses.


Why don't you help yer parents stay in their home during the last few years of life then?

They could always move in?
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Re: My sister the big spender

Postby Pretorian » Tue 25 Aug 2009, 11:35:31

$this->bbcode_second_pass_quote('hope_full', ' ')You wanna talk about a "me" generation? Look at the young people - the teens, the 20-somethings and even the young 30-somethings. They think living under a cloud of perpetual credit card debt is a way of life. At their young ages, they've amassed more debt in a few years than I *ever* amassed. And for what? Trinkets and trash and trendy junk, and fancy meals that are now long gone.



I've always lived a very simple life and I will remember the lessons of my youth.


And for what?
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Re: My sister the big spender

Postby PenultimateManStanding » Tue 25 Aug 2009, 13:27:33

$this->bbcode_second_pass_quote('the48thronin', '')$this->bbcode_second_pass_quote('Cog', 'U')pdate 2: She did ask me an interesting question. If she were to sell me her current house and the other house for next to nothing, could that possibly protect those from being seized in a bankruptcy? Another question for her lawyer, but just wondered if anyone here knew the answer.
I did tell her after she files bankruptcy to stop paying on those credit cards and anything else she thinks she is going to lose and keep whatever money she has in cash and not in the bank. Don't know if that is good advice but its sounds logical.

In Alabama you are allowed to have 15,000 through bankruptcy. They make you give sworn testimony about the value of cars, house furniture personal property, and CASH ON HAND!
.
I've read that it is not common for creditors to sue in court on defaulted unsecured loans. Makes you wonder if it isn't smarter to just default and forget about formal bankruptcy. Default means no sworn testimony. Keeping cash on hand then involves no perjury. The court can send bailiffs to search the house for assets if there is a suit brought, but it doesn't commonly happen because it is a very slow and expensive process. I have a brother who defaulted back in the 80's and nothing ever happened to him.
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Re: My sister the big spender

Postby TWilliam » Tue 25 Aug 2009, 14:23:01

$this->bbcode_second_pass_quote('PenultimateManStanding', 'I')'ve read that it is not common for creditors to sue in court on defaulted unsecured loans. Makes you wonder if it isn't smarter to just default and forget about formal bankruptcy. Default means no sworn testimony. Keeping cash on hand then involves no perjury. The court can send bailiffs to search the house for assets if there is a suit brought, but it doesn't commonly happen because it is a very slow and expensive process. I have a brother who defaulted back in the 80's and nothing ever happened to him.

More often than not they sell them to third party collection agencies at a discount and write off the difference. If you don't mind having your credit rating trashed and being endlessly harassed by collectors, then sure, 'silent' default is always an option. And you never know how long it might continue. I received a collection notice about a year back (turned out it was for another individual with the same name, but still) that was for an unsecured debt that had been defaulted on over 15 years ago...
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Re: My sister the big spender

Postby vision-master » Tue 25 Aug 2009, 14:42:07

$this->bbcode_second_pass_quote('TWilliam', '')$this->bbcode_second_pass_quote('PenultimateManStanding', 'I')'ve read that it is not common for creditors to sue in court on defaulted unsecured loans. Makes you wonder if it isn't smarter to just default and forget about formal bankruptcy. Default means no sworn testimony. Keeping cash on hand then involves no perjury. The court can send bailiffs to search the house for assets if there is a suit brought, but it doesn't commonly happen because it is a very slow and expensive process. I have a brother who defaulted back in the 80's and nothing ever happened to him.

More often than not they sell them to third party collection agencies at a discount and write off the difference. If you don't mind having your credit rating trashed and being endlessly harassed by collectors, then sure, 'silent' default is always an option. And you never know how long it might continue. I received a collection notice about a year back (turned out it was for another individual with the same name, but still) that was for an unsecured debt that had been defaulted on over 15 years ago...


or 'they' call and the debtor has been deceased for 5 years...
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Re: My sister the big spender

Postby Pretorian » Tue 25 Aug 2009, 14:44:06

$this->bbcode_second_pass_quote('vision-master', '')$this->bbcode_second_pass_quote('TWilliam', '')$this->bbcode_second_pass_quote('PenultimateManStanding', 'I')'ve read that it is not common for creditors to sue in court on defaulted unsecured loans. Makes you wonder if it isn't smarter to just default and forget about formal bankruptcy. Default means no sworn testimony. Keeping cash on hand then involves no perjury. The court can send bailiffs to search the house for assets if there is a suit brought, but it doesn't commonly happen because it is a very slow and expensive process. I have a brother who defaulted back in the 80's and nothing ever happened to him.

More often than not they sell them to third party collection agencies at a discount and write off the difference. If you don't mind having your credit rating trashed and being endlessly harassed by collectors, then sure, 'silent' default is always an option. And you never know how long it might continue. I received a collection notice about a year back (turned out it was for another individual with the same name, but still) that was for an unsecured debt that had been defaulted on over 15 years ago...


or 'they' call and the debtor has been deceased for 5 years...


and then they suggest that deceased would have wanted his debts being paid...
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Re: My sister the big spender

Postby vision-master » Tue 25 Aug 2009, 14:49:14

The story goes - call Fort Selling. :lol:
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Re: My sister the big spender

Postby PenultimateManStanding » Tue 25 Aug 2009, 15:06:02

$this->bbcode_second_pass_quote('TWilliam', '')$this->bbcode_second_pass_quote('PenultimateManStanding', 'I')'ve read that it is not common for creditors to sue in court on defaulted unsecured loans. Makes you wonder if it isn't smarter to just default and forget about formal bankruptcy. Default means no sworn testimony. Keeping cash on hand then involves no perjury. The court can send bailiffs to search the house for assets if there is a suit brought, but it doesn't commonly happen because it is a very slow and expensive process. I have a brother who defaulted back in the 80's and nothing ever happened to him.

More often than not they sell them to third party collection agencies at a discount and write off the difference. If you don't mind having your credit rating trashed and being endlessly harassed by collectors, then sure, 'silent' default is always an option. And you never know how long it might continue. I received a collection notice about a year back (turned out it was for another individual with the same name, but still) that was for an unsecured debt that had been defaulted on over 15 years ago...
As for collector harassment, that comes down to screening calls and ignoring scary looking letters in the mail. There are no more debtors prisons. Plus much of the old bag of intimidation tricks has been outlawed. The loss of a good credit rating can be a serious problem if one should be seeking to rent a place to live. But other than that the loss of credit doesn't have to be a big problem. One just goes back to living within one's means. The whole mathematical FICO thing is relatively new and I believe it will prove to have been a failed experiment.
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Re: My sister the big spender

Postby Arsenal » Tue 25 Aug 2009, 15:08:48

Or unless their employer checks their FICO score for a new job.
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Re: My sister the big spender

Postby Serial_Worrier » Fri 28 Aug 2009, 16:35:41

Question for original poster - is your sister very out of shape? Well even so, doing that manual labor will get her in shape no doubt. :twisted: :twisted: :twisted:

Make sure you let her know that she's going to have to earn her daily gruel, which means actual gruel and not Doritos. :twisted:
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Re: My sister the big spender

Postby frankthetank » Fri 28 Aug 2009, 17:37:06

Cog-

Sounds EXACTLY like one of my sisters and her husband. Except they don't make that great of money and have 3 vehicles, brand new house, brand new baby and live out in the sticks to top it off. They also travel all the time and spend like mad... I think they realize that foreclosure/bankruptcy is just around the corner...
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Re: My sister the big spender

Postby frankthetank » Fri 28 Aug 2009, 17:39:34

My mother in law walked away from about $80K in credit card debt... was as easy as taking candy from a baby. I'd like to know how many of my wife and I Christmas presents were paid by taxpayers!
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