another statement question

[helpsoneeded]

Does the trustee ever ask for bank statements after the date that you filed or is it only up to the day of filing?

[justbroke]

It depends. Generally they only look up to the date you filed as they are looking for large money transfers.

I was never asked for anything post filing.

However, nothing would stop the Trustee from auditing you and asking you for statements of various types, including, but not limited to, payroll stubs, income tax returns for Federal and State, business documents, etc.

[lrprn]

As long as your 13 case is active, your trustee can ask for anything related to your bankruptcy estate.

However, there are typically only two reasons your trustee would ask for something other than what you've already supplied. First reason - your trustee suspects you are hiding significant disposable income or valuable assets that you hid before filing or that you've obtained after filing (and I'm saying this in general, not related to you). Second reason - if your trustee is one that demands copies of your annual tax returns and he/she sees a significant and permanent increase in income (usually > 10% in one year but could be less), then your trustee *might* head back to court to attempt to get an increase in your monthly payments.

Keep in mind that just because something is possible doesn't mean it will happen, especially in Ch 13. If you are worried about something specific, ask your lawyer about it to see if it's worth worrying about.

[sassiebaz]

Tell me how the trustee knows if you have another bank account that you do not disclose? And, why would it matter if you had another bank account that didn't have any money in it?

[sassiebaz]

It depends. Generally they only look up to the date you filed as they are looking for large money transfers.

I was never asked for anything post filing.

However, nothing would stop the Trustee from auditing you and asking you for statements of various types, including, but not limited to, payroll stubs, income tax returns for Federal and State, business documents, etc.

Are transfers all they look for?

[justbroke]

Tell me how the trustee knows if you have another bank account that you do not disclose? And, why would it matter if you had another bank account that didn't have any money in it?

How do they find other accounts? Not easy unless they get a subpoena for your financial records. Remember most banks report account information to the IRS (especially interest bearing accounts) so watch out for money-market checking accounts and savings accounts! Remember, the Trustee represents the Government and the Trustee has easy access to the IRS records. (Okay, I don't know for sure how easy the Trustee's access is to the IRS records.) An account with no money in it is not an asset. However, most bank accounts need money in them... to keep them open, so there isn't an account, really, that has no money in it. If the balance is negative, then that's a liability and should be listed.

Are transfers all they look for?

No, they are looking at patterns. Again, as lrprn writes, they aren't doing this to everyone and yet, you don't know if they'll do it to you. They do have forensic accountants if they believe you're hiding money.

I'm just posting these things out of an abundance of caution. As lrprn and I both write, the Trustee has control over your disposable monthly income (and maybe even some control over the other money as well). This was your pledge for having your plan confirmed. Your plan or your confirmed plan included language which states that your "surrender" your "disposable monthly income" to the supervision and control of the Trustee!

How the Trustee determines these things is surely based on local custom (local rule). Many Trustees want your tax returns. I believe that others, just look at your tax filings (the ones that don't want the physical return copy) to find out what money you're reporting.

As for hiding money in mattresses (or safes!), depends on how you converted a check into cash. I will repeat this just as a public service message. Intentionally hiding money from the Trustee, is grounds to have your case dismissed with prejudice and possible bankruptcy fraud charges. Yes that's extreme, but it goes with the territory.

I'm sure several posters will now come on and say they never give returns and are hording tons of cash. Again, that's a local District thing so, their District deals with it differently. Remember, the Trustee loves to make money and they make it by taking more of your money. In the grand scheme, I'm posting about actual fraud to hide assets from the Trustee.

[sassiebaz]

Yeah, that all makes sense. I just hate the fact that I have my name on this account with my mom. I mean, she doesnt have any money and I really only used the account for a couple of months until I switched my direct deposit to a new joint account with my husband. Then stupidly put my student loan in there. any given time there has only been $30-$40 in there , but I just dont want to answer all these questions, if they do happen to come up. I have already turned the account statements in to my attorney. I will see what he says when I call them next week.

[sassiebaz]

Oh, just thought of something, she has paid a few small credit card bills from this account, which do not pertain to me in any shape...Im sure that will be cause for concern, you think?

[justbroke]

The Trustee may not even bat an eye at this. It's only if they find it "interesting"... as in... are you hiding assets. Other than that, you may go through the 341 Meeting without a single question about it!

[sassiebaz]

hope so, thanks....341 is June 10th......