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    New news from my Attorney!!!

    I don't know if this is just in New York or what but he said beginning this past April, we don't have to provide our last 6 months of paystubs but just 2 months!!! GOOD NEWS!!!

    Anyone else hear of this????

    #2
    You may not have to actually "supply" the pay stubs up front...but you still need to state your last 6 months of income for purposes of the means test. And the trustee can always ask you for the additional pay stubs if they want and you would have to supply them or face dismissal for non-compliance.

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      #3
      Nope, is that "his rule" or a new rule for the state?

      Most BK trustee's require 6 months of bank stubs....
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        I only had to supply the last 60 days worth, and I'm in MD. However, they still required income tax returns for the past 2 years.
        Chapter 7 filed 4/23/07
        341 Meeting 5/22/07
        Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
        On to rebuilding!

        Comment


          #5
          I don't know. I had my meeting with him today and he said 2 months and 2 years of tax returns. Who knows...but I'm so happy!!!

          Comment


            #6
            There can be great deal of variation between districts and trustees. It could be that in NY, over the last almost two years since the new bankruptcy law was passed, they have found that asking for six months of paystubs rather than two months didn't help find any greater % of people trying to beat the system. No sense collecting paper that isn't really needed.

            However, as HHM said, be ready with the prior six months of paystubs before you file just in case your trustee decides to ask for them - he/she has every right to do so.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

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              #7
              I have them online, so to access and print them isn't a problem. I made a lot less in the last 2 months then the previous 4.

              Comment


                #8
                Another NY'er

                Hi,
                I filed a year and 4 months ago, and had to provide 6 months of paystubs.
                But like you, no income tax returns had to be submitted. My attorney says very rarely will the trustee ask for tax returns.

                Sounds like your filing is going pretty smoothly -- good for you!

                Cat

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                  #9
                  Since we are now more than halfway into the year, they may be using YTD figures from the paystubs to calculate the 6 month average.
                  I used to have a life, now I have grandkids.

                  Comment


                    #10
                    with my brother he had been at two different job for 2 month one job for one month and unemployed for one month so he voluntarily gave all his stubs which was to his advantage to show his entire income. They only asked to the last two months but wanted to show his time of unemployement.
                    Chapter 7 Pro Se....Discharged Feb. 2006

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                      #11
                      I had filed around this time last year (end of July) (State of Virginia) and had to provide 6 months of paystubs (from both Full Time Jobs!). Prior 2 months of Bank Statements and Prior 2 years of Tax returns and bring in a Statement that I was at least a month or two on top of my new car payments.

                      Best Wishes, Catchmeifyoucan
                      July 2006: Filed Ch13 :blink:
                      Oct 2006: Converted to Ch7 :clapping:
                      Jan 2007: DISCHARGED :clapping:
                      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

                      Comment


                        #12
                        I made a lot less in the last 2 months then the previous 4.

                        CG, they're still going to use the last six months to average out your income.

                        But they are only asking you to show them the stubs for the last eight weeks. I would be sure to have all six months on hand - you may be asked for it eventually, even after your 341 hearing.

                        Your tax returns will reflect your actual income, so there's no getting out of reporting it.

                        Comment


                          #13
                          Originally posted by HenriettaHen View Post
                          I made a lot less in the last 2 months then the previous 4.

                          CG, they're still going to use the last six months to average out your income.

                          But they are only asking you to show them the stubs for the last eight weeks. I would be sure to have all six months on hand - you may be asked for it eventually, even after your 341 hearing.

                          Your tax returns will reflect your actual income, so there's no getting out of reporting it.

                          Soooo true. We only had to provide proof of the last 2 months of my husband's paystubs. Basically, I laid all the paystubs on a piece of paper and made a copy. The trustee was satisfied with that. BUT .... like others have said that doesn't mean they are only going to go by your last 2 months of income, they go by the last SIX months. And of course your tax returns also. Just looking at only 2 months of pay stubs instead of 6 isn't going to change the fact that your last six months of income is looked at. The pay stubs more or less provde them a proof of employment, that you do make roughly what you have claimed, and also show the tax deductions.
                          "Try to save money. Someday it may be valuable again." - Anonymous

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                            #14
                            It's ok anyway, I didnt show my atty anything but gave him my income in the last 6 months and it's still comes out to about $850 mo I'll be paying! YAY!

                            Comment

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