Taking a Vacation During Bankruptcy

My question involves bankruptcy in the state of: Florida

I just went to an attorney (paid them) and am filling out all my paperwork for chapter 7.

I purchased a cruise 3 months ago (not on a credit card) I used my personal debit card. Now my paranoia is kicking in. Will the trustee give me a hard time if he finds out I went on a cruise? It's an inside cabin in the bowels of the ship,it's not a penthouse suite or anything.

We hadn't been on vacation in 5 years and a deal came along and I booked it. I didn't know we would be filing bankruptcy when be booked the cruise.

Quote:

---

. I didn't know we would be filing bankruptcy when be booked the cruise.

---

You had no clue at all? Things were all hunky dory and sunshiney bright?

you say personal debit card;

does the infer the cruise is actually paid for?

Got to get in that last minute vacation before defrauding your creditors? They planned on you. Refer to the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005

Quote:

---

Quoting danman62

---

My question involves bankruptcy in the state of: Florida

I just went to an attorney (paid them) and am filling out all my paperwork for chapter 7.

I purchased a cruise 3 months ago (not on a credit card) I used my personal debit card. Now my paranoia is kicking in. Will the trustee give me a hard time if he finds out I went on a cruise? It's an inside cabin in the bowels of the ship,it's not a penthouse suite or anything.

We hadn't been on vacation in 5 years and a deal came along and I booked it. I didn't know we would be filing bankruptcy when be booked the cruise.

---

How much (in total) did you pay for the cruise?

Is the bankruptcy due to a sudden, unexpected event?..what caused the bankruptcy?

You should discuss this issue with your bankruptcy lawyer.

Quote:

---

Quoting jk

---

You had no clue at all? Things were all hunky dory and sunshiney bright?

you say personal debit card;

does the infer the cruise is actually paid for?

---

Things were slowly getting better. I called the credit card companies (actually third parties that bought the debt)
I proposed to pay them a monthly payment but they wanted more than I could afford. Plus they have some interest thing in Florida that goes up and down,so my $100 a month payment could turn out to be $160. That wasn't going to work.

- - - Updated - - -

Quote:

---

Quoting llworking

---

How much (in total) did you pay for the cruise?

Is the bankruptcy due to a sudden, unexpected event?..what caused the bankruptcy?

---

A stroke,layoff at work and the recession caused the bankruptcy. Thing are getting better,that's why I contacted the credit card companies (third parties that bought the debt) they weren't willing to work with us,now we're filing bankruptcy.

You should have paid them with the money you spent on vacation.:wallbang:

Quote:

---

Quoting Mr. Knowitall

---

You should discuss this issue with your bankruptcy lawyer.

---

The above plus a question. . . Have you already taken the cruise?

Des.

Quote:

---

Quoting despritfreya

---

The above plus a question. . . Have you already taken the cruise?

Des.

---

No we haven't taken the cruise,but we're past final payment day and we would lose all of our money if we didn't go (another words what's done is done ,can't put the toothpaste back in the tube).
Perhaps it unwarranted paranoia. I didn't charge a cruise on a credit card then file bankruptcy.

Thanks for all who responded I really appreciate it.

Quote:

---

Quoting danman62

---

No we haven't taken the cruise,but we're past final payment day and we would lose all of our money if we didn't go

---

Is this cruise going to take place before or after you file bk? The reason for asking is that if it is after, the reservations/tickets for the cruise are an asset and will need to be listed on Schedule B. Please discuss this with your attny.

Des.

Quote:

---

Quoting despritfreya

---

Is this cruise going to take place before or after you file bk? The reason for asking is that if it is after, the reservations/tickets for the cruise are an asset and will need to be listed on Schedule B. Please discuss this with your attny.

Des.

---

I disagree a bit. Unless the tickets are refundable (which they apparently are not) or transferable (info not in evidence at the moment) they cannot be considered an asset.

Quote:

---

Quoting llworking

---

I disagree a bit. Unless the tickets are refundable (which they apparently are not) or transferable (info not in evidence at the moment) they cannot be considered an asset.

---

It's ok for you to disagree. I have dealt with this issue and the tickets, if not transferrable, can simply be "sold back" to the cruise line, no different from non-transferrable "gift cards", plane tickets, season sports tickets, etc.

Edt. . . I should clarify this. The issue of transferability is not related to what is or is not "property of the estate". Any interest a debtor has in anything, unless specifically excluded under 541 is property of the estate and must be listed. If OP is holding cruise line tickets/reservations, those are a property right that must be on Schedule B. It is up to the Trustee to determine if that property right has any value to the estate such that it should be liquidated if not exempt.

As to the transferability issue itself, if the dollars justify, the Trustee will attempt to sell the widget. If the entity that issued the ticket opposes such sale the Trustee will offer to settle the "controversy" by selling the asset back to the entity. This is exactly what happened in my district.

I was involved in a case that was even worse than selling some ticket. . . trustee sold a beneficial interest in an annuity that had a spendthrift provision. After the sale, the investor made a demand for the bank to honor the transfer. We represented the investor when the bank refused to honor the sale. We ended up settling with the Trustee to get back most of the $$ paid for the asset that should never have been sold. Trustee should have known better but a Trustee will sell anything if there I someone willing to pay for it. The investor for his/her part, should have done some due diligence before getting involved.

Des.