Will trustee request more recent paystubs?

[appleae]

If we submitted our May-October paystubs to our attorney on November 1st and file the Ch13 petition by the end of November at the latest, will we then then be requested to provide our November paystubs, requested either by our atty. or the Trustee?

[jwmc1]

My understanding is that you have to hand your lasy two months or two paychecks to the trustee in person. Maybe I am wrong, still new here.

[AngelinaCat]

Every time our tentative filing date got pushed back, the attorney--actually her clerk (not a paralegal)--asked us for six months of pay stubs and bank statements. So I would say yes, you will need to give your November records to the attorney.

Jwmc1, all of our pay stubs and information was in the folder that the attorney provided to the trustee beforehand. We didn't have to bring anything other than our two forms of ID, and a copy of our marriage license. But we are Florida Middle District. Every district, and trustee, is a little different.

[walkthaplank]

Our lawyer told us to bring our most recent paystubs, the trustee's counsel had no interest in them. I think it is something they want to see if there is an odor about your filing. There were some people at both of our 341's who were trying to hide money by showing a stub here and there. The best way to get caught doing something is to look suspicious and try to hide it. By the time of our second 341 our paystubs that the trustee had were almost 6 months old.

[justbroke]

This depends on your Trustee, but generally, they like to see the most recent paystubs. My Trustee wanted the 2 most recent pay periods 7 days before the 341 Meeting. This could just be because I am a pro se filer... who knows.

[appleae]

So basically I received a one-time bonus today. My attorney has been working on the petition for the past 2 weeks and it is based on our May - Oct income history.

So if the petition were filed, lets say, on 11/20 I see three possible scenarios:

1) we would then be required to submit paystubs through 11/20, or

2) the attorney would base the plan on what was already submitted (May - Oct income history), or

3) the attorney would have to get our paystubs thru the end of November since they took so long to finalize the petition and it is now mid-month.

Does anyone care to comment on which of the scenarios you believe is most likely?

[justbroke]

Does anyone care to comment on which of the scenarios you believe is most likely?

Since this is a Chapter 13, and the idiotic way that most (not all) Districts determines your disposable monthly income (DMI) by the Means Test... it won't matter. Your payment would be based on the last 6 months prior to the month in which your filed... or May - Oct, 2009. Now, the Trustee, if they even ask for additional paystubs, "might" ask about the difference, but in any case, it's explained and could be divided by 12 and added in as the worse case.

I don't see your attorney doing anything different at this point.

[appleae]

Thanks!

Since this is a Chapter 13, and the idiotic way that most (not all) Districts determines your disposable monthly income (DMI) by the Means Test... it won't matter. Your payment would be based on the last 6 months prior to the month in which your filed... or May - Oct, 2009. Now, the Trustee, if they even ask for additional paystubs, "might" ask about the difference, but in any case, it's explained and could be divided by 12 and added in as the worse case.

I don't see your attorney doing anything different at this point.

[appleae]

Okay, we're signing the petition next week. The paralegal informed me over the phone to bring in any additional paystubs when we come in to sign. What do you think the reason is for that? Are they going to see my bonus paystub and then recalculate the plan and redo all the paperwork while we're sitting there in the office? Or is it more or less just so they have the information on hand in case it's requested?

Since this is a Chapter 13, and the idiotic way that most (not all) Districts determines your disposable monthly income (DMI) by the Means Test... it won't matter. Your payment would be based on the last 6 months prior to the month in which your filed... or May - Oct, 2009. Now, the Trustee, if they even ask for additional paystubs, "might" ask about the difference, but in any case, it's explained and could be divided by 12 and added in as the worse case.

I don't see your attorney doing anything different at this point.

[justbroke]

Okay, we're signing the petition next week. The paralegal informed me over the phone to bring in any additional paystubs when we come in to sign. What do you think the reason is for that? Are they going to see my bonus paystub and then recalculate the plan and redo all the paperwork while we're sitting there in the office? Or is it more or less just so they have the information on hand in case it's requested?

It may be just to make sure that what is on the petition is accurate. If it's materially different, they may decide to change the petition. Depending on what time of the month they file, the 2 most recent may not affect the calculation on the Means Test (Form B22C).