Proving Income

[MIGirl]

How far back do you have to prove your income in a Chapter 7? And what if you don't have many pay stubs?

I got fired three months ago, and just got a new job a few weeks ago. The paystubs from the old job were all online. I may have a couple floating around. I had it direct deposited into a prepaid card, would those records suffice as proof of income?

Will they also look at my income going up, as I have a better paying job now, will that complicate things at all?

Thanks.

[justbroke]

They typically want 6 month's worth of paystubs and two years to tax returns. This is how they validate what numbers you used on your Means Test and on the Statement of Financial Affairs. You may need to file a statement confirming that you do not have access to the old paystubs. You "may" be forced to subpoena them from your old employer, but I suppose you could just ask your old employer for them.

Many (panel) Trustees also want your paystubs between filing and the 341 Meeting, but that is Trustee and case dependent and it may not apply in your case. Be prepared.

It would be up to the United States Trustee (UST) to determine if your case should be dismissed under a "totality of circumstances" test, but I wouldn't worry about that issue. Worry about proving your existing income for the 6 months preceding your filing.