does the BK court look at your checking account, and look at purchasses you made and your spending habits? just curious..not that there is much spending going on latley...my court date is about 3 weeks away for ch 7. maybe im just feeling the aniexty before a court date, but just am curious if they audit your checking account. thanks for any info.
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ive heard they have a 24 hour window to access your account from the time you file at that time they can take any money in that account, savings or checking account the attorney my friend used likes to file on friday I guess the thinking is that the trustee will be less motivated to spend their weekend accessing bank accounts lol -
You want to show as little as possible in your bank accounts the date you file. The trustee will look at your bank statements. We had $29 in our account the day we filed. We already had our 341 meeting. Went ok. He did ask to see just about everyones bank statements and will question if there is a large amount deposited and withdrawn. Just be prepared to answer where the money came from and went if you have big withdrawals and deposits before you filed. One guy had taken out $3000 the day before he filed and the Trustee asked him where it went and he really couldnt answer him. The trustee was very nice but detailed. They arent there to scare you or make you feel bad for filing. They just want to make sure your information is correct and are not hiding anything. Good luck.Comment
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I don't get this. I still have things I have to pay - car, insurance, rent, etc. - so obviously there is going to be money going into and out of my bank account. Checks don't clear the same day. And how can they remove money from your account - what if a check has not cleared yet - are you responsible for that?Comment
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from what ive heard the trustee could care less wether there are checks out there that are going to bounce but I dont think that its definite that they will do that besides you have filed right? the way I understand it is that they only have like 24 hours from the moment you file to recover anything from your checking or savings accounts. so if you have filed they probably would have done it by now. Good luck to you! keep us informedComment
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I have a ? for you all. I just recently filed Chapter 7 and I had my court date on the 22nd of last month. Well to start off, when my b/f and I filed we told our attorney that we had used our tax returns this year to pay him (2K) and paid off a loan that my b/f's father obtained for us (5K). He never mentioned a thing about this to us being a possible problem so when I had my court date last month the trustee asked me what I did with my tax money, as I had a total return of almost 7k, so I told him that we had paid a loan of in which my b/f's father had obtained for us and he asked if he could have proof of the tax returns being put into my account, transferred to my b/f's account and a copy of the check that was written out to the bank where the loan was taken out.
After the trustee asked for this and the court hearing was over my lawyer came out and said that they will be requesting this money back from the bank....is this legal? If so or not, could the trustee make me pay him the $5,500 back? I'm so worried about this and the day we discussed this with our lawyer after the hearing he stated that he would be sending us a letter and remind you this was on 4/22/05 and today is 5/8/05 and I have yet to hear anything from my lawyer.
Any opinions on this matter?
jessi_cat_24Comment
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I think the issue with that payment is because it was made to a family member. From what I've heard any payments made to a relative in the past year, they will ask for the money back.Originally posted by jessi_cat_24Comment
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did you submit the check and other info the trustee requested?Comment
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What about the day after filing and prior to the 341 meeting. Does it matter how much you have in your account when you attend the 341 meeting?Comment
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i would wait more than a day to put money in that account but from what ive heard by the time 341 rolls around that wouldnt be an issueComment
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Do they consider that it was given to a family member cause I transferred it from my account to my fiances and he wrote the check out to the bank, not his father? How can they make me pay this back when obviously I don't have the money to do so?
HELP PLEASE!!!!!!!!!! jessi_cat_24Comment
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We turned over the checking account info and check info the our lawyer to turn over to the trusteeOriginally posted by davidb81 jessi_cat_24Comment
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We were told by our laywer in the very first meeting with him to only leave about $5 in our checking & savings account and to stop our payroll direct deposit immediately. I know it's hard, having the cash in hand, but I got money orders for all my bills and pd cash for groceries, gas, babysitter, etc. But I've also learned from that experience, I didn't spend as much money on unnessary items.Comment
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It is the money you have in the account at the time of filing. What you put into the account after filing is of no interest to the trusteeOriginally posted by davidb81Comment
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I waited until after discharge (just to be safe). You're suppose to bring the last 3 months of bank statements to the creditors meeting.Comment
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