How May Cash be Spent Approaching Bankruptcy?
Bankruptcy law is complex. You need a lawyer who can advise you both on the statute and relevant case law for the district where you file. Your lawyer can advise you whether actions you contemplate are allowed.  You can obtain advice prior to filing as you seek to determine whether the law and the relief it offers are suitable to your situation. Anyone considering filing BK should know that they will need to provide fairly extensive information. You should learn about BK as you seek to understand whether that path is the best for your situation. You should ask your lawyer specific questions about your situation and try to learn as much as you can. You should read about the problems with taking out debt or making debt repayments to creditors (especially family) prior to filing BK. These actions could impact your case and cause it to be dismissed, and could even be considered criminal (again, you need a lawyer). Some things to learn about as you contemplate Bankruptcy Be aware that BK is federal law, and you will be required to provide extensive information about your financial situation.  You will be required to show up for the creditors meeting and testify that you have provided correct information.  The trustee may (will) supply objections to which you and your lawyer will need to respond. Among other things, you will supply, You should seek legal advice about things that might become important, Even though you will have guidance from your lawyer, you are the one seeking relief, and you need to understand your own situation and the law.
Banks can't simply make loans in the void. This is how the cash flow works, generally:  1. Depositers *add* cash into the bank. The Bank now has cash. 10% of that cash is held on *reserve* per law. This cash is held on the balance sheet as an *asset* (cash) *and a liability* (demand deposits).   2. Someone requests a loan. The loan is funded from the non-reserved cash of these deposits. This results in a lessening of an asset (cash), and the creation of a new asset (loan).  3. Traditionally, as the debtor pays back the loan, the interest is distributed in some sort of split between the bank and the depositors. This means cash in from the loan and interest, and a liability (deposits) also go up.  4. Alternatively, while the above still happens, the bank can *securitize* the loan and sell that to investors. Investors then get access to the loan and its income, and the bank collects a fee. However, this means more cash on hand for the bank to originate additional loans without going near the reserve requirement.   If a bank extends too many loans and its reserve is threatened, it must borrow either from the fed or from other banks. These loans must be paid back. I have a car loan paid in full and even paid off early, and 2 personal loans paid in full from my credit union that don't seem to reflect in a positive way and all 3 were in good standing. But you also  My credit card utilization is 95%. I have a total of 4 store credit cards, a car loan, 2 personal loans. So assuming no overlap, you've paid off three of your ten loans (30%).  And you still have 95% utilization.   What would you do if you were laid off for six months?  Regardless of payment history, you would most likely stop making payments on your loans.  This is why your credit score is bad.  You are in fact a credit risk.  Not due to payment history.  If your payment history was bad, you'd likely rank worse.  But simple fiscal reality is that you are an adverse event away from serious fiscal problems.   For that matter, the very point that you are considering bankruptcy says that they are right to give you a poor score.  Bankruptcy has adverse effects on you, but for your creditors it means that many of them will never get paid or get paid less than what they loaned.   The hard advice that we can give is to reduce your expenses.  Stop going to restaurants.  Prepare breakfast and supper from scratch and bag your lunch.  Don't put new expenses on your credit cards unless you can pay them this month.  Cut up your store cards and don't shop for anything but necessities.  Whatever durables (furniture, appliances, clothes, shoes, etc.) you have now should be enough for the next year or so.   Cut your expenses.  Have premium channels on your cable or the extra fast internet?  Drop back to the minimum instead.  Turn the heat down and the A/C temperature up (so it cools less).  Turn off the lights if you aren't using them.  If you move, move to a cheaper apartment.  Nothing to do?  Get a second job.  That will not only keep you from being bored, it will help with your financial issues.   Bankruptcy will not itself fix the problems you describe.  You are living beyond your means.  Bankruptcy might make you stop living beyond your means.  But it won't fix the problem that you make less money than you want to spend.  Only you can do that.  Better to stop the spending now rather than waiting until bankruptcy makes your credit even worse and forces you to cut spending.   If you have extra money at the end of the month, pick the worst loan and pay as much of it as you can.  By worst, I mean the one with the worst terms going forward.  Highest interest rate, etc.  If two loans have the same rate, pay the smaller one first.  Once you pay off that loan, it will increase the amount of money you have left to pay off your other loans.  This is called the debt snowball (snowball effect).   After you finish paying off your debt, save up six months worth of expenses or income.  These will be your emergency savings.   Once you have your emergency fund, write out a budget and stick to it.  You can buy anything you want, so long as it fits in your budget.  Avoid borrowing unless absolutely necessary.  Instead, save your money for bigger purchases.  With savings, you not only avoid paying interest, you may actually get paid interest.  Even if it's a low rate, paid to you is better than paying someone else.   One of the largest effects of bankruptcy is that it forces you to act like this.  They offer you even less credit at worse terms.  You won't be able to shop on credit anymore.  No new car loan.  No mortgage.  No nice clothes on credit.  So why declare bankruptcy?  Take charge of your spending now rather than waiting until you can't do anything else. "Individual municipal bonds (not a fund) that will come to term in 2017 from your state.  This satisfies 1, 2, 4 and 5.   It doesn't satisfy #2.  These are not insured, and there can be details in each state about whether the municipal bonds are backed up by state general revenues in the event of a municipal bankruptcy; there are two general kinds, ""general obligation"" backed by the political will to raise taxes if needed; and ""revenue bonds"" backed by cash flow such as toll revenue, water utility bills and so forth.  Municipal bankruptcies are rare but not impossible.   http://www.bankrate.com/finance/investing/avoid-municipal-bonds-that-default-2.aspx" The biggest issue with personal bankruptcy is the guilt.  We generally are brought up to believe that we should be responsible for our debts.  Bankruptcy is a direct contradiction to that concept.  Once a debtor realizes that corporations don't necessarily view bankruptcy as failure, but merely a financial tool, that makes it a lot easier to let go of the guilt.  Once that happens, all a debtor needs to get used to is the idea that s/he'll be dealing with a cash economy for a while.  Which isn't a particularly bad thing at all.  Inconvenient at times, but that's about it. I'd suggest you start with a budget that includes savings, the minimum payment for those loans, estimates for recurring expenses, entertainment, and lifestyle items. That will let you baseline how much money you need for the lifestyle you want to have. Then apply your income to that model and whatever is left distribute out to your loans starting with the highest risk (not forgivable in bankruptcy/would make you homeless if you don't pay) and highest interest rate. Assume that he reformed his ways. He stopped the destructive behavior (gambling) and had enough money from a job going forward to pay for all his future expenses. Then it is true the old debts will fade away both as being collectable, and as a source of a negative mark on the credit report. Also assume that the people or companies never figure out that the the relative has a steady source of income, also assume that all the debts can be forgiven and have no long lasting impact. If any of those assumptions aren't true the plan won't work. The trail of debts will continue to grow, and may have additional complications. As debts fall off the radar, they may be replaced even faster by new threats. Many a person has used a debt consolidation loan, or a home equity loan to pay off all the credit cards; but found themselves back in trouble because they never fixed the underlying problem: they spend more than they make. In the case of a home equity loan they put their house at rick, as a replacement of unsecured loans. If the gambling continues, the lack of payment of old debts becomes a crutch for the ability to generate new debts. I like the answers others gave, if it's some substantial debt you definitely could go the bankruptcy route but it damages your future, also it's morally unethical to borrow all that money and not intend to pay. Second, if you can pay off the entire balance and clear out the 23% interest than I'd do that first. One less bill to concern yourself with. Now let's say you've been making $100 payments monthly on each card (my assumption for this examples sale) now instead of paying $100 to the remaining cards balance each month and saving the other $100, pay $200 against the remaining credit cards balance. By not taking home any money this way you are tackling the liability that is costing you money every month. Unless you have a great investment opportunity on that remaining $1000 or haven't created much of an emergency fund yet, I'd consider putting more of that money towards the debt. Gaining 0.01% on savings interest still means you're eating 25.99% in debt monthly. If you're able to I'd venture out to open a zero interest card and do a balance transfer over to that new card, there will be a minimal transfer fee but you may get some cash back out of it and also that zero interest for a year would help hold off more interest accruing while you're tackling the balance. ETFs are legally separate from their issuer, so the money invested should (the lines can get blurry in a massive crisis) be inaccessible to any bankruptcy claims. The funds assets (its shares in S&P500 companies) are held by a custodian who also keeps these assets separate from their own book. That said, if no other institution takes over the SPY funds the custodian will probably liquidate the fund and distribute the proceeds to the ETF holders, this is likely a less than ideal situation for the holders as the S&P500 would probably not be at its highest levels if State Street is going bankrupt (not to mention the potential taxation). "If you owe the money to A, and B owes you money and goes bankrupt, that has no effect whatsoever on your loan from A.   Obviously.   Your best bet -- while you still owe and are owed by the same company -- is either get them to agree to apply your credit to your debt (reducing it to $30,000) -- or rush to the courthouse and ask a judge to order this done.   You want to do this well before the bankruptcy is filed; too close and someone could object to you having been paid preferentially or ""out of turn"" -- and claw back the money, meaning you now owe it to the bankruptcy trustee.   Your debt to them is, from their perspective, an asset.  It is an asset with a cash value (based on the probability of people in that portfolio paying).  It can be sold to gain some immediate cash instead of more cash over a time period.  This is routine in the debt world.  Before or during the throes of bankruptcy, and depending on what the reorganization plan is, the bank is quite likely to sell your debt to someone else to raise cash - typically a distress sale for a fraction of its principal value (e.g. 20% or $10,000).  That goes into the pool of money to pay creditors such as yourself, and if you're lucky, you'll get some of it.   So good on you, you got $2000 back from the bank and now you owe someone else $50,000.  I'm assuming they owe you $20,000 for IT services or because you put a new roof on their branch, or something like that.  If it's money on deposit at the bank, then two things are true: First, pre-bankruptcy, you can trivially command the bank to dump the entire $20,000 into paying down the debt.  Instantly: done, and irreversible.  The bankruptcy trustee can't claw that back because it was never the bank's money, it was yours.   Second, any civilized country has deposit insurance, which they typically implement by helping another bank buy out your bank, and continue to honor your deposits, so this is seamless and hands-off for you. Your old checks continue to work, your branch just changes their sign.   This deposit insurance has limits, which is only a problem for the very rich (who are dumb enough to put over the limit in one bank)." Get a Bankrupsy lawyer. They'll tell you to stop paying the bills and use the money to pay their fee. Yes... You do need to pay in advance.   I can tell you honestly that it was the best thing that ever happened to me.   Think about it this way... When you loan someone moneyyou're placing a bet that they'll pay you back. You try to keep the dos in your favor by using credit ratings etc but sometimes you win and sometimes you lose that bet. It's nothing personal. It's business.   The casino doesn't feel bad when you lose your bets and your money and you don't expect them to. The person placing the bet knows what they're doing and knows all about the risks, etc. it's a calculated risk. Again... It's just business and it's nothing personal.   It's also not nesessairly a failure. Depending on the situation... Bankrupsy is an excellent business decision. Big business do it all the time.   Sometimes bankruptcy is a very smart decision and not going bankrupt is the worst decision you can make.   My only regret with my own bankruptcy is that I didn't do it sooner. I could have saved the family years of unnecessary hardship and I could have gotten it over with much sooner.   Don't be emotional. Be smart and do the smart thing. This is an extremely simplified version and not necessarily accurate. C for example has $800b in cash and 10+% Tier 1 capital relative to other banks. Yes, they need to write down debt but the larger concern as opposed to bankruptcy by capital markets is equity dilution.   Both C and BAC need to raise equity capital due and, due to new leverage restrictions, will dilute existing shareholders so much that they will have difficulty matching previous EPS. Also, a lot of analysts expect thy aren't marking down assets enough (reducing that large Tier 1 buffer pretty heavily).   One of the primary reasons they issue smaller dividends relative to JPM is that dividends for systematically important institutions must be approved by the Fed now (Dodd-Frank). They can't issue a big dividend because the Fed says they aren't well capitalized enough.   To say they are bankrupt though shows a misunderstanding of bank balance sheets and how the FRB discount window works, though. This sounds like a crazy idea, but in reality people don't make the wisest decisions when considering bankruptcy in Australia.  My suggestion would be to get some advice from an insolvency specialist. "This is the kind of scenario addressed by Reddit's /r/personalfinance Prime Directive, or ""I have $X, what should I do with it?"" It follows a fairly linear flowchart for personal spending beginning with a budget and essential costs. The gist of the flowchart is to cover your most immediate costs and risks first, while also maximizing your benefits. It sounds like you would fall somewhere around steps 1 and 3. (Step 2 won't apply since this is not pretax income.) If you don't already have at least $1000 reserved in an emergency fund, that's a great place to start. After that, you'll want to use the rest to pay down your debt. Your credit card debt is very high interest and should be treated as a financial emergency. Besides the balance of your gift, you may want to throw whatever other funds you have saved beyond one month's expenses at this problem. As far as which card, since you have multiple debts you're faced with the classic choice of which payoff method to use: snowball (lowest balance first) or avalanche (highest interest rate first). Avalanche is more financially optimal but less immediately gratifying. Personally, since your 26% APR debt is so large and so high interest, I would recommend focusing every available penny on that card until it is paid off, and then never use it again. Again, per the flowchart, that means using everything left over after steps 0-2 are fulfilled." "As you've observed, when you're dealing with that amount of money, you're going to have to give up FDIC guarantees. That means that keeping the money in a bank account carries some risk with it: if that particular bank goes bust, you could lose most of your money. There are a few options to stretch the FDIC limit such as CDARS, but likely can't handle your hypothetical $800 million. So, what's a lucky winner to do? There are a few options, including treasury securities, money market funds, and more general capital investments such as stocks and bonds. Which one(s) are best depend on what your goals are, and what kind of risks you find acceptable. Money in the bank has two defining characteristics: its value is very stable, and it is liquid (meaning you can spend it very easily, whenever you want, without incurring costs). Treasury securities and money market funds each focus on one of these characteristics. A treasury security is a piece of paper (or really, an electronic record) saying that the US Federal Government owes you money and when they will pay it back. They are very secure in that the government has never missed a payment, and will move heaven and earth to make sure they won't miss one in the future (even taking into account recent political history). You can buy and sell them on an open market, either through a broker or directly on the Treasury's website. The major downside of these compared to a bank account is that they're not as liquid as cash: you own specific amounts of specific kinds of securities, not just some number of dollars in an account. The government will pay you guaranteed cash on specified dates; if you need cash on different dates, you will need to sell the securities in the open market and the price will be subject to market fluctuations. The other ""cash-like"" option is money market funds. These are a type of mutual fund offered by financial companies. These funds take your money and spread it out over a wide variety of very low risk, very short term investments, with the goal of ensuring that the full value will never go down and is available at any time. They are very liquid: you can typically transfer cash quickly and easily to a normal bank account, write checks directly, and sometimes even use ""online bill pay""-like features. They have a very good track record for stability, too, but no one is guaranteeing them against something going terribly wrong. They are lower risk than a (non-FDIC-insured) bank account, since the investments are spread out across many institutions. Beyond those two somewhat ""cash-like"" options, there are of course other, more general investments such as stocks, bonds, and real estate. These other options trade away some degree of stability, liquidity, or both, in exchange for better expected returns." In a nutshell...in order to file for Chapter 9 bankruptcy, the city or county first has to actually be insolvent, the state has to give authorization for the city or county to file, and the city or county must have made an attempt to negotiate with creditors (bondholders, pensioners etc). Once those conditions are met, and they must be specifically met, the city or county files the bankruptcy petition and the automatic stay typically goes into effect shortly after. This stay basically allows the municipality to stop making payments on some of their obligations throughout the course of the bankruptcy case. Chapter 9 bankruptcies are usually very protracted, and very expensive. So fast forward a year or two, the creditors that are owed money have all been assigned to different classes by the bankruptcy court, with each class getting a specific recovery based on the type of creditor. The city or county has the sole right to propose a plan of reorganization. Some debts, such as a bond backed specifically by revenues generated by a sales tax, are usually considered special revenues and secured...those bondholders will have first priority on those revenues pledged to them throughout the bankruptcy process and are usually unimpaired. Other creditors, such as general obligation bondholders or employee pension plans, are usually considered unsecured and will not receive their contractually obligated payments during the bankruptcy process, and will likely have to take a haircut on the principal amount they are owed by the city or county. The municipality must be solvent in order to advance the plan of reorganization and exit the bankruptcy process, so quite often employee contracts are adjusted, services will be reduced, pension and OPEB promises to retired workers will be curtailed, and bonded debt is reduced to a manageable level. It's not pretty, and it is very expensive.