can a trustee look at someone elses bank acct?

[sofarindebt]

we borrowed $1000 from a friend back in april. we paid him back in full in july. since we are going to file next spring, our atty. told us to get the money back from him since it is a preferential payment and the trustee will go after him to get it. we won money at the casino and explained the situation to him, gave him $1000 in cash and had him write us a check to make it look like he gave us our money back. we just didn't want him involved with the trustee and in our bankrutpcy. now I am afraid the trustee will look at his bank statement and see he deposited $1000 the same day he wrote us a check..........do you think that will happen? I don't want our case to be dismissed over a measly $1K because our unsecured debt is over $100K.

I am thinking about not lying and just paying him back after trustee takes his money, then paying him back after discharge. I feel bad because my husband works out the gym with him, he is not really a close friend.

what do you think?

[wrinkleigh]

Anyone have any info?

Thanks!

[JollyGG]

The person ahead of us at our 341 had a situation where she had paid her brother some money. The trustee said that either she OR her brother could pay the trustee that amount in question.

[HHM]

You should be ok. The paper trail you created should be adequate.

And generally no, the trustee cannot request someone elses bank account records without filing an action against that person.