HELP!!!!!! Need documentation for trustee

[Janetdoe]

Today is Friday and I get an email tonight that the trustee needs additional documentation. My hearing 341 is first thing Tuesday morning!!! She wants 2015 and 2016 W2s. I have NO idea how to get 2015's W2s. I have 2016. She also wants our healthcare expenses documented. We have $767 a month listed as our monthly expenses and they are because we have some expensive medicines and I printed that off walgreens website but we also take several over the counter meds and I don't have the reciepts for them. Like Me, my husband and son all use flonase at $13 a month each. I buy that wrapped up in my groceries and I don't save those receipts! I'm at a loss and panicking over the timing of this request.

[justbroke]

I would not panic at all. The worse is that your 341 Meeting is "continued" which just means that they set another date.

As for receipts, bring copies of all of them that you have. Then you just explain that you purchase Flonase OTC and perhaps bring a copy of a screen print showing the price (from CVS/Walgreens). I don't think it's the $13x3 that the Trustee wants to have documented more than the other $750 worth of monthly medical prescription drugs costs.

What did you do with your 2015 W-2s? That's an odd request because typically they only want your signed IRS 1040 form (that you submitted to the IRS). You may be able to ask your employer for copies of your W-2s or the IRS. I don't think it's a major issue. The Trustee is trying to verify your income. Did you file your income tax returns with the Trustee (your 1040s)?

Again the timing is really nothing to fret over. Most Trustees in Chapter 7 cases don't take a hard look at the case until about 7 days before the case. It is quite often that the Trustee asks for additional documentation, especially where you exceed the standards.

Relax. Take a deep breath. Get copies of what you have. Inform your attorney of the items that you won't have for Tuesday. They'll advise you on the next step.

Even if your hearing is continued, it does not affect your discharge (date) since that's based on the "scheduling" of the first 341 Meeting. As for getting your case buttoned up and closed, the Trustee may continue the case and just have your attorney mail in the additional items (if they decide during the 341 Meeting that they really need them). In many cases, the Trustee will continue the 341 Meeting a week or more later, but you usually don't need to attend. If you can get the final documents to the Trustee before the "continued" 341 Meeting then they usually don't require you to be present and may sign off on everything before that new date.

[Janetdoe]

Ok I found my W2's from 2015 so that's set. Now I need to get my healthcare expenses sorted out. I'm just want to have this over with so bad. It's been a long time coming and the end is so close. Thank you SO much for your advice. This forum has saved my sanity more than once.

[justbroke]

Excellent. Get a good weekend's rest. The worst is already behind you!

[Janetdoe]

I couldn't sleep all night and I'm in an all out panic. What if the trustee doesn't accept my "proof." Ugh this is the worst. I didn't sleep all night, was vomiting from nerves. I have a panic disorder and this isn't helping.

[justbroke]

Please don't worry about this. The Trustee wants documentation of the expense. The documentation is the proof of the expense. They are just ensuring that you did not use "creative" accounting when listing the expenses.

I know that it's easier said than done, but there is nothing to worry over. The Trustee hasn't said "no way" on the expense, they just want documentation to show that it is a valid expense. Trustees and attorneys deal with these expenses all the time. Let your attorney worry for you but I'm sure they are not worried.

[Janetdoe]

I'm just so worried that because I don't have original receipts for some things that they won't accept them. Like the OTC drugs we take. I appreciate your response. I'm trying not to worry.

[Janetdoe]

I've gotten all my expenses on a spread sheet and printed out what I could from my insurance site. Then I printed out pages of what things cost for OTC stuff like cpap supplies, contact lenses, flonase, zyrtec, etc. Do you think that will satisfy what they need for proof?

[justbroke]

I think that is more than enough! The Trustees do like it when things are organized and easy to follow.

[Janetdoe]

So I couldn't get a hold of my attorney and took it upon myself to send the trustee all my documentation and requested documents. She is supposed to have them before my hearing tomorrow at 9:30 am so I didn't want to wait and hear from my attorney. I've sent her several emails and called and have heard nothing from her. I hope I didn't screw up by sending it then calling to verify she got it. The trustee said she did get the emails and asked if I have an attorney. Should I be Worried about that? My anxiety has me in full panic mode.

[justbroke]

I would not worry. The Trustee is worried that you contacted them and they "know" that you have an attorney; that's why they asked. It's just not normal protocol for a represented debtor to contact the Trustee's office. No harm. No foul.

(I can't say how your attorney will "feel" about this. Despite the attorneys feelings, you were trying to insure that the Trustee had everything necessary so that the 341 Meeting was not continued.)

[Janetdoe]

Ok I just heard from my attorney and it's the US Trustee that requested the documents. Should I freak out over this?

[justbroke]

Ok I just heard from my attorney and it's the US Trustee that requested the documents. Should I freak out over this?

I would not "freak" out. You must be a borderline Chapter 7 case so the UST is "interested" in learning more. Any case where the debtor is over-the-median will automatically receive more scrutiny from the UST. Remember, you had some very high expenses that are not ordinary.

A representative from the UST's office will likely be at your 341 Meeting and may or may not ask questions. Hopefully the documentation is enough to encourage the UST to end their inquiry.

Absolutely nothing to get freaky about. It is what it is, at this point.

[Janetdoe]

Thank you for talking me down. I did hear from my attorney finally and she said exactly what you said and that because we are close it's their job to scrutinize and I shouldn't worry. It's easier said than done! I have always heard this process is one of the most stressful in times in a persons life. I had NO idea how much stress this would be!

[lukesky]

I would not worry. The Trustee is worried that you contacted them and they "know" that you have an attorney; that's why they asked. It's just not normal protocol for a represented debtor to contact the Trustee's office. No harm. No foul.

(I can't say how your attorney will "feel" about this. Despite the attorneys feelings, you were trying to insure that the Trustee had everything necessary so that the 341 Meeting was not continued.)

I hear that!