We filed an emergency Chapter 13 Petition at the last minute due to a uncooperative junior lender that was going to foreclose on our home the next day so we didn't have at opportunity to "prepare" for filing bankruptcy. I fought against it and presented the bare minimum filing to the clerk while in full tears. This junior lender is the only reason for filing BK; our credit score on the upswing before filing. The Trustee is asking for a copy of our bank statement at the time of filing. The account had a few thousand dollars in the account. What would be the best response to the Trustee? We never intended to file BK? Just trying to anticipate the Trustee's position.
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johnna, I moved your post to a new topic, for two reasons: a new question at the end of another topic does not tend to get a lot of response, and you posted under Chap 7 when you filed a Chap 13. The issues with assets on hand at the time of filing are different in Chap 7 than Chap 13.
If you don't want to have your case dismissed, the only response to the trustee's request for a copy of an account statement is to send a copy.
Having cash in your account when filing a Chap 13 is not usually a big problem. A Chap 13 trustee does not take possession of assets like a Chap 7 trustee does. If you can't exempt the cash in the account, then your plan must pay to unsecured creditors at least what they would receive in a Chap 7 if the Chap 7 trustee took the funds for distribution to creditors.
LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent! -
Our bank account was exempted (not touched) when we filed, been growing ever since with no issue to date.Comment
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