HELP! I messed up!!!!

[marzipan13]

Tonight, I was looking thru my bankruptcy guide book and found a small section that I must have overlooked before.
It states that once I file for bk that all payments for anything must be approved by the trustee. That it's acceptable to buy food, gas for car (to get to work), and necessary medical expenses, but that is all.
It says to contact the trustee to ask for permission to make any payments that are needed.
Now I'm freaking out because I've used my debit card a couple times for other things besides food and gas... some haircare products, 2 packs of underwear, credit report, signed up for PACER, my blockbuster online services billed my account.
I'm going to call the trustee tomorrow. Do you think I'm going to get in trouble for this? I haven't made any payments to my creditors, but I do have some coming up (cell phone, car insurance).

[poorme]

You gotta live - seems those things you listed should also be covered in your budgeted monthly living expenses, which trustee knows you have to spend. I think the requirement is referring to exceptional expenses - but do verify so you don't have to worry next time your insurance or auto registration is due.

[lrprn]

Tonight, I was looking thru my bankruptcy guide book...

What book are you reading, M? Think how crazy it would be if hundreds of current filers were calling their trustee's office every day asking if it's ok if they buy some shampoo, get a haircut, or pay their cell phone bill! This is certainly NOT even close to the norm.

Trustees expect to be notified if your income changes significantly, if you receive an inheritance, get divorced, have a hospitalization, are going to be late making your monthly payment....BIG stuff. Not tiny stuff like normal living expenses and regular bills like your utilities, keeping up your home and car, etc. Relax...this is not what the bk law requires and not what 99.9% of Ch 7 trustees expect (can't say never when human being trustees are involved! ) Let us know what your trustee says when you call, because if he/she says that they expect to be notified about regular living purchases and payments, then I give them six months of getting hundreds of phone calls a day to stop the madness! lol!

[marzipan13]

sheesh...

I sure do feel like an idiot! But I am so paranoid right now, that if I make one single error that they'll throw me in prison or something... or worse, let the creditors start harassing me again!!

I'll definately share what the trustee says!

but thanks for your reply... it sure did make me laugh out loud!
Now that I think about it... it would be crazy if every BK files had to call the trustee for piddly things! LOL
thanks for cheering me up!

[JRScott]

Normal living expenses are needed .

You don't have to ask the trustee for them. Car Insurance included

[Minnymouth]

LOL,
Believe me when I say we ALL have been PERANOID at one time or another during the bk process......

Many folks the 341 meeting "scares them to death"...... and it last about 3-5 minutes and its painless and over................

The feeling of Paranoid - is the feeling of the "fear of the unknown" - "what's going to happen", etc.......

Bankrutpcy is a scarey thing in your life...... here you have your life, financies, etc under the control of a Trustee who determines what will happen for the next 6 months or longer...... and hopefully you have an attorney that will "work in your best interest". You have no control over anything until they set you free....... and that can be SCAREY!!!

Nothing wrong with being "scared", but be "wise" about it also....... update yourself on the process, keep informed by your attorney, keep a close eye on whats going on and the decisions being made regarding your future.

[freshstart06]

I had to use my credit card to get food, gas and pay the electric bill. I spent all of maybe $170. I will pay that back and not worry about it. If the Trustee has a problem with it, I don't know what to say because I have to feed my kids, my husband had to go to work, we needed gas to get him there and we had to pay the electric. If this dismiss the case then it just was not meant to be but I be darn if we starve, be without electric, and have no gas, if figured if that is what BK is about then it wasn't worth it, I did not feel I had to ask to take care of my household. This is a card I received after filing with a $300 credit limit. The lawyer that I can ask free questions laughed at me and told me the trustee would not even notice or care. For one it was something I received after the filing and two the credit limit is so low and I spent it on household items. Heck there are some people that have to get payday loans after filing. What you have to understand most of us that file really, really need to file and the word "broke" is a kind way to put our situation. I think it would be different if you went out and purchased designer clothes, furniture, etc. You did what you had to do to take care of your family.

[marzipan13]

One other thing I did that I'm wondering if is going to get me in trouble...
I filed on 6/26, but on 6/28 I went to the bank and closed the account because on 6/29 my auto loan bank was going to do an ACH to deduct the funds from my account. I only had $42 in the account, which would have overdrawn the account, and a lot of extra fees! (which probably wouldn't be dischargable since they were after-the-fact)
I did report in my schedules/statement of fin. affairs that I had this account and the balance on date of filing. But I also noted it was closed.
Is this a big deal?

Ps. I'm still waiting to hear back from the trustee, I left a message for him.

[Minnymouth]

You probably shouldn't have closed the account, but too late now.....but with only that small amount in it, the Trustee won't be concerned about it..... and let him know (if he does inquiry) that it was closed to stop overdrafts from automatic withdrawls. Don't think it will be a problem for ya though.....

Just don't do too much to draw his attention to your case and be watching you.... every time you contact him, it gets his attention.......

You want things to go smoothly.....

[freshstart06]

You closed your bank after the filing so you will be okay, they only ask for 3-2 months bank statements up to filing date. If they ask why you closed it just tell them the truth. Personally, I would have just stop payment but it still does not matter.

Your trustee may not call back, I know you are worried and I think I was worse then you in the beginning but trust me you are okay, you will not get in trouble for that. Hey, I just noticed you filed the same day as I did but for some reason my meeting is on August 23. We are backed up out here in Phoenix, Foreclosure rates are high and you can imagine the BK, times are hard for everyone.

Please try not to worry, to be honest, what else can we do but wait, if worring would help my case then I see the point but I finally decided to just let things happen and continue to think positive. Learn all you can but don't look too deeply. I hate to say this but if your case gets dismissed because you used your debit card to pay household goods then it just was not meant.

[freshstart06]

Minnymouth, I agree with you in regards to drawing attention. I was just like her at first. My cousin filed and I called her every second. I hate to say this but my cousin did have somethings to hide but her case closed with no problems, she was even well over the median. The one thing she taught me is DO NOT GIVE TOO MUCH INFO. if they don't ask don't tell.

If you are calling them for simple stuff they may think you are hiding somethign big. they really are going to take notice and take a closely look at you. Believe it or not, a lot of things are missed so don't draw any more attention to yourself.

[Granny]

You closed your bank after the filing so you will be okay, they only ask for 3-2 months bank statements up to filing date. If they ask why you closed it just tell them the truth. Personally, I would have just stop payment but it still does not matter.

BofA charged us 35.00 to stop an ACH.

[freshstart06]

Wow, our stop payment is only $10. ONe of our accounts closed because we were negative, we had overdraft and could no afford to pay it back.

[marzipan13]

suprise suprise!!!

the trustee never called me back!!!
so i guess that means he doesn't care if make purchases for personal needs and cell phone bills!


i picture the receptionist handing him the slip of paper with my detail message/questions and him rolling eyes saying 'those pathetic pro se-ers' and tossing it into the circular filing cabinet! LOL

[Minnymouth]

We SHOULD ALL BE THAT LUCKY...................