OK... what's the deal here?!?!?

[nsupanda]

The paralegal who is trying to figure out all of our stuff sends me a list of deposits made to our checking accounts over the last year. She says she needs an explanation for what these deposits are for. Heck, I don't have a clue! Some of these deposits are for $20, $10, and even one for $2!!!

I mean, i can think of petty reasons why I would deposit stuff, such as me buying a friends lunch one day and she pays me back the next day and I just deposit the money into my account. But how in the world does she expect me to tell her what the $24 deposit made on August 15, 2009 was for???

To me it seems they're nit-picking... is this normal? And what would you give as an explanation if you honestly don't know???

[SMinGA]

1. Sounds like maybe you need to speak to the atty and not the paralegal.

2. Are you close to the median? If so, all 'income' has to be counted and perhaps they are trying to NOT count those things as 'income' so that you can do a 36 mo plan instead of 60.

[nsupanda]

Thank you for your response... I wish I could talk to the attorney but apparently she does all the paperwork first and then it goes to him. You're right they're probably trying to get me close to the median so we can do a ch. 7... I just wish she'd explain this to me first. I mean, good grief, can you explain a $26 deposit made back in August???

[SMinGA]

Nope. I make small deposits here & there, like a couple of weeks ago my mom mailed me a $5 check for my daughter's birthday. She's afraid cash in the mail won't make it! But its not 'income' as I cashed & gave it to my DD. But a few months from now I might not recall why.

[nsupanda]

And I'm on an account with my mother, and I do not use this account whatsoever. There was a $2 deposit made back in December and they need an explanation for it. It's $2, and it was a cash deposit. Why my mother even MADE this deposit I haven't the slightest clue...

[jimbo367]

Simple say you don't recall.

If you retained this lawyer call him, if not keep looking.

[Lissy]

I would say the same - I don't remember. It was months ago and it was $2. If they're trying to determine income, I haven't a clue why they are using bank account deposits. They should be using pay stubs or similar. I highly doubt any trustee is going to care about where a $2 deposit came from, so it does seem odd. My atty never asked me to explain my checking account deposits and I also make small deposits every once in awhile.

[SMinGA]

For the means test, they count more than just check stubs. Any money/payments you received would count.

[Lissy]

Regardless, chasing down a $2 deposit seems odd. And personally, I was never asked to explain such things on my bank statements. My atty used my pay stubs and nothing more (I don't generate income from sources other than my job). Small, infrequent deposits like that were not included in my income. They are not income, by any definition. Just makes me wonder if this paralegal is a bit green and going a little overboard. I would speak to the atty.

[nsupanda]

Regardless, chasing down a $2 deposit seems odd. And personally, I was never asked to explain such things on my bank statements. My atty used my pay stubs and nothing more (I don't generate income from sources other than my job). Small, infrequent deposits like that were not included in my income. They are not income, by any definition. Just makes me wonder if this paralegal is a bit green and going a little overboard. I would speak to the atty.

Especially when she knows this account is not used by me. I've explained that to her already. I don't know... maybe they're trying to help me qualify for Ch. 7 or something, I just wish they'd let me know. There's also some deposits for $200 and $400 that I can't explain. I have no idea where that money came from. What do I say, "I have no idea"? Will that fly, or should I just make something up?

[Lissy]

Don't make something up. Explain again that your mom uses this account and it's not you making the deposits so you just can't answer those questions. You may also want to ask about having your name removed from the account.

[nsupanda]

Don't make something up. Explain again that your mom uses this account and it's not you making the deposits so you just can't answer those questions. You may also want to ask about having your name removed from the account.

The account is no longer open, so I can't remove my name. My mom just happened to close it last week because she said she didn't want to mess up anything with my bankruptcy... thanks Mom, but it doesn't matter! :-) Anyway, the paralegal knows that I don't know, but she told me that I had to come up with an explanation of some sort in case the trustee asks.