does anyone look at my bank records?

[RLOPE]

when going before a trustee under a chapter 13, will he/she be reviewing my checking account records and questiioning certain purchases / withdrawls, etc. ?? Thanks, everybody. We're filing in September.

[newbie2]

When your attorney and your trustee look at bank records they are looking for deposits that don't match up to your paychecks (the income you state) and other odd things like that. They can also look for large withdrawals that may tip them off that someone is hiding cash that they don't want to declare. Don't sweat the small stuff - everyday living purchases and even small "other" purchases. In a 13 they are looking for oddities, not the norm.

[jetsfan2010]

it is really based on your trustee in your area. Ask your attorney what to expect.

[kornellred]

Trustees assume that the bk attorneys have done the bulk of the investigation with respect to a debtor's spending habits. They more or less compare the evidence documents to the official bankruptcy forms. Occasionally, the petition will contain some discrepancies which will cause the trustee to file an objection to confirmation of a Chapter 13 plan, but chances are this will never occur on account of the way a debtor spent his or her money.

Just don't attempt to hide assets. The attorneys, trustees, and judges know every trick in the book.

[shark66]

People in this line of business (attorneys, trustees, judges...) know extremely well that stuff happens. They also know that there are folks out there trying to outsmart the system.

I had trustee question a cash withdrawal that I made prior to filing, to the tune of almost $3K. I showed him the receipt for repairs done on my car, single bill for close to $2,800 and said: "They do NOT take checks and my debit card limit is $1,500 in one shot. With the rest of the money I filled the fuel tank and bought two cartons of cigarettes at the gas station. Haven't kept that receipt."

He just smiled and said " After what you've spent in that shop, they could've given you a tank of gas on the house."

The only other thing he ever questioned (more like mentioned in disbelief) was a particular weapon that I made sure I exempted.

"None of my business" he said " but is this even legal to own in our state?"

" Grandfathered by such-and-such law" said I.

" I learn something every day" was his response and that was the end of it...

All of that being said, there were quite a few folks who came less-than-prepared that day and they did NOT do well...

To put it this way: no Trustee in their right mind will question a $100 ATM withdrawal, or a $500 debit card receipt from Wal-Mart for a family of four. They know better. But anything and everything that appears even slightly out of the ordinary should have a valid explanation - preferably with a receipt attached.

My experiences only.

Good luck to us all.

[freeme0215]

I am converting from a ch 13 to a ch 7, hearing is this Thursday, I was not asked for current bankig statements, all they wanted was the income I received from SSDI noted in a statement from SSDI, I provided that and no bank statements were required or even asked for in this case. Is this normal? I surrended the home when I converted and my 13 payments is for the IRS and unsecured creditors...I wanted to stay in a 13 to pay IRS off and also to make sure I can complete this process..call me stupid

Thanks