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341 coming... ? About Bank Statements

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    341 coming... ? About Bank Statements

    Hello all - just want to start out with a big thanks to everyone who put thier stuff out here for us all to learn from. I just googled and found this forum tonight and have already learned so much.

    I have my 341 in 30 days and I am so nervous. I see from the responses that I should not be worried, but I do have a question about bank statements.

    Since I have enbarked on this 'journey' I have been a nervous wreck. I have told only one friend about my situation (because I am ashamed at how I got to this point) so I have NO support system. Consequently, I have been going out and drowning my sorrows at my local pub - I have since stopped this and cut back on my dirnking to 1 nite a week.

    My question is, will the trustee (at my 341) give me s@#$ about my charges that show up on my most current bank statements over the last two months?
    341 - Feb 24, 2009

    #2
    What kind of charges are you talking about? Nights out drinking? Is it that obvious from the bank statements?

    Mostly what the trustee is looking for is if there has been any big deposits or withdrawals. They are also looking to see if the balance is close to what you said it was on the date you filed.

    Comment


      #3
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Yes. Nites out. They show up on the statement with the bar name. Just curious if that wll reflect as frivilous spending and possible objection.
        341 - Feb 24, 2009

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          #5
          I doubt it. If it does happen, just tell the trustee that you drank your meals those days. It is included in your food budget. lol

          Whether or not you need bank statements depends upon your district. In our district the debtor must provide a bank statement for every checking/savings account which includes the date of filing at the 341. Trustees have been known to continue the 341 if the debtor doesn't have it with them.

          Best thing to do, contact the court or even the trustee themself and ask them what you are required to bring with you to the meeting. Problem solved.

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            #6
            Thanks so much ACH - I am represented. Popping Zanax like it's going out of style. Really appreciate the support. I'll check out the other topics for backup.
            341 - Feb 24, 2009

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              #7
              Provide what you are asked for by your attorney. We had to provide 12 months of bank statements and detail every withdrawal/check written over a certain amount and detail every deposit over a certain amount. We spent many nights worrying about everything. I constantly looked back and agonized over why we allowed ourselves to get into that situation. You are not alone in your thoughts/feelings. Provide everything asked for and if something bothers you in those documents, just ask your attorney.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

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                #8
                Thanks Flaming - You guys are the best! I just may sleep tonight for the first time in many. Wish me luck on the 24th of Feb! I'll be back with an update.
                341 - Feb 24, 2009

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                  #9
                  We were never asked for a bank statement.

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                    #10
                    This question comes up all the time and I've never understood what issue spending your own money on whatever you want causes your BK.

                    Let's say I spend $2k of my own money, two weeks before I file, on a vacation. What legal issue does this cause ?

                    Yes, it may cause the trustee to do a financial strip search and bring much unwanted attention to my BK but can the trustee do anything specifically about the $2k vacation ? Can he dismiss my BK due to the vacation ?

                    Thanks
                    It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

                    Comment


                      #11
                      if the vacation came in as 1 charge "vacation" then the trustee might get a little excited. However they have seen it all. How is the local visit to the pub any different than the nightly visits to the casino. Many here have discharged a lot of stuff without issue. A chapter 13 is designed to allow you to do this.

                      I never had to provide a bank statement. The attorney said "you have what, 50.00 in your checking account?" I said yes and that was it.

                      With the number of people filing now the trustee's and their staff are overwhelmed. If the modification of mortgages goes through, then watch out.

                      I think that sometimes we all need to simply step back and relax and not be so paranoid about everything. I know it is not easy to stop worrying but in the end, worrying never changed anything. If it is going to happen, it is going to happen no matter what.

                      Provide what is ask for, don't hide anything, don't offer more information than necessary and let it all happen. You will come out ok in the end. GL

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                        #12
                        If it makes you feel any better, I had NUMEROUS withdrawals at a casino in the 6 months prior to my filing. I was never questioned about one penny that I spent. I cant see where a trustee would question money spent at the bar unless you were putting large amounts on a credit card.

                        My attitude is that I cannot change what happened in the past. Every penny I spent was there on my bank statement and I couldnt change that. Relax, get some sleep. You cant change what you've already done so no sense making yourself sick over it.
                        Filed 11/01/08
                        341 12/03/08
                        7 payments down - 53 to go

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