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Making sure your bank account is nearly empty before filing

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    #16
    There is a questionaire the trustee will have you fill out before the 341. You have to disclose income owed. I was owed almost four weeks of pay and that enlarged the pot the trustee could draw from. If I'd had it to do over again, I'd likely have filed a week or so AFTER being paid and paying all bills, buying food, etc.
    U.S. Trustee Filed Motion to Dismiss 11/17/2006
    Filed to Convert to Ch. 13 12/11/2006
    Ch. 13 341 Meeting 01/30/2007
    Ugh...

    Comment


      #17
      After Discharge

      They review it after discharge? I know after the anniversary they will be auditing 1 in 250 cases, but I didn't think it was after discharge.

      Whaaaaat ! Hmmm, I was hoping to get back in the "swing of things," you know, get an extra job (maybe not full time this time but at least part time) start building up my income again, you know - getting credit etc. i was hoping to cash out my 401k (i know i know THAT is not the wisest ) but i could use the money to pay for stuff

      Why would the trustee re-examine your case? What are they going to do? Do a Credit Check? Background check? Send out spys? Do they request more bank account statements? Paystubs?

      Catchmeifyoucan
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #18
        Originally posted by CATCHMEIFYOUCAN View Post
        They review it after discharge? I know after the anniversary they will be auditing 1 in 250 cases, but I didn't think it was after discharge.

        Whaaaaat ! Hmmm, I was hoping to get back in the "swing of things," you know, get an extra job (maybe not full time this time but at least part time) start building up my income again, you know - getting credit etc. i was hoping to cash out my 401k (i know i know THAT is not the wisest ) but i could use the money to pay for stuff

        Why would the trustee re-examine your case? What are they going to do? Do a Credit Check? Background check? Send out spys? Do they request more bank account statements? Paystubs?

        Catchmeifyoucan

        The US Trustee will be hiring 3rd party auditors to check for accuracy on 1 in 250 randomly selected cases. I doubt it will be after discharge. If anything they will file a motion to extend by another 60 days. No one has any details of this. IMO it will be mostly verifying income since the means test is based on 180 days of pay advices and you only have to submit 60 days with the court. They may just check the whole 180 days. This mandate was unfunded so with a limited budget it may not be that bad. Or it may suck to no end.

        Comment


          #19
          Originally posted by FoolAndHisMoney View Post
          They review it after discharge? I know after the anniversary they will be auditing 1 in 250 cases, but I didn't think it was after discharge.
          Fool, I must be completely wrong on the after discharge thing. I took as that but he must have meant during the 60 day wait.
          9/28/06: Filed Chapter 7
          10/25/06: 341 meeting Done!
          12/25/06: Last day for objections.... Dear Santa, can we have a bk discharge for Christmas please?
          1/12/07: Discharged & closed!!

          Comment


            #20
            Originally posted by macsen View Post
            There is a questionaire the trustee will have you fill out before the 341. You have to disclose income owed. I was owed almost four weeks of pay and that enlarged the pot the trustee could draw from. If I'd had it to do over again, I'd likely have filed a week or so AFTER being paid and paying all bills, buying food, etc.
            I wonder if this is standard or only in your district/state.
            *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

            My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

            Comment


              #21
              Perhaps but my district/state is your district/state so prepare!
              U.S. Trustee Filed Motion to Dismiss 11/17/2006
              Filed to Convert to Ch. 13 12/11/2006
              Ch. 13 341 Meeting 01/30/2007
              Ugh...

              Comment


                #22
                Originally posted by macsen View Post
                Perhaps but my district/state is your district/state so prepare!
                I didn't look and realize you are Denver. I'm in Weld County so will be at the Fort Collins District Court House.
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                Comment

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