help! day 33 waiting for discharge AND..

[tommy463]

The trustee just asked for my paystubs from the date of my filing until now? it has been 33 days since my 341 and they did nit flag anything at 10 days anything.

Why would they ask for that? I thought income after the filing did not matter?

Help! I am dying! I did get a commission check this month..will that matter?

[tommy463]

Please! Has anyone ever heard of this?

[tommy463]

Please help!

Hi.

Here is a brief background...I lost my job last year and did not have an income for 6 months...and everything fell behind.

I ended up taking a new commission spot in July 2007...and slowely started to build an income.

By time I had money to file, my income was over the median but my means test was $2k negative so I still was sent into a chapter 7.

I filed 2/15/08 and had my means test 3/18/08. Now, I was able to have two good months for commissions at my job in March and April...which are higher then my average for the 6 months previous. I thought that would be OK since I will have down months and up months (hence, commission). Well, I was listed no asset on Pacer 3/19/08 and all has been quiet.

Until today...the US Trustee called my atty and asked for all my paystubs to until today....33 days into my waiting period.

Does anyone know what this means? I am still listed as "awaiting discharge" on pacer, 33 days in....and nothing was filed within 10days by the trustee...

Anyone have any ideas? I am in for ZERO sleep tonight until the atty office opens at 8 am tomorrow...

HELP!!!!

[gophermn]

They might want to look at several things like:
1. Is the income the same to what you reported in the petition.
2. Did you make changes to your stock or 401K.
3. Did your income increase (i.e new job, promotion, demotion).

About 30 days after my 341 the trustee wanted to see my wife's income vs expenses - and I never included her in the bankruptcy. Basically they want to validate things have not changed from date of filing to discharge.

[MajorMike]

all you can do is comply. He can ask for you to pay some creditors, or have you switch to a 13.

[tommy463]

Even if they did nothing for the 10 day notice?

Can commission income after you file make you chnage to a 13? I thought it was only the 6 months prior to the date of filing?

[tommy463]

Wow...I had my best commission month ever...and it meant a couple extra thousand...what can they do? Take it? Or try and make me convert to 13?

[tommy463]

I am hoping that only the income 6 months prior to the actual filing is considered for the means test. Otherwise...what is the point? They can have my extra commission check...but I am in big trouble if they try and kick me out of a 7...

If they do try and put the new income in...what is the point of the means test to start if it can be reran in the waiting period...or rather, next months income will be way back down to where I would qualify...then why not wait 30 more days and redo again???

Sounds like a nightmare scenario I am facing...and they wait 33 days to bring it up?

[getouttadebt]

The Means Test is only one equation to the new bk laws. The fact that you passed the Means Test allows you to pursue Ch. 7. The second element is totality of the circumstances -- meaning do you have the ability to repay your creditors by having enough disposable income to fund a Ch. 13. You may not have anything to worry about if your new commission based job averages out to what you estimated on Schedule I. The fact remains that you have to comply with what the Trustee is asking for at this point. If you can do it, don't make any more big commissions until your case is closed...of course this is just my advice.

Good luck,
getouttadebt

[lrprn]

Tommy, I see you filed with a lawyer - that's good.

The current bk law uses income from all sources from the last six full calendar months before you file to figure income on the Means Test and Schedules. However, you don't know what the US trustee is after or why he/she is interested in for sure.

Do your best to catch a few winks tonight, then call your lawyer in the morning. He/she has received this same notice. Together you'll work this through. Just because the US trustee expresses an interest doesn't necessarily mean you are doomed. Be patient and let your lawyer work on the issue.

[James1000]

I thoght that it did not matter what you made after you filed...

I was told by an attorney that it did not matter what you made after you filed. Is this correct or not? If you received a promotion after your 341 can they convert you to a 13? It does not seem right because if your income goes down after the 341 they do not take that under consideration so I do not know why it would be any different if it went up. Anyone have an experience where their income went up after 341 and then were forced into a 13?

[lrprn]

Tommy, I merged your two duplicate threads. In the future please do not start two different threads asking the same question - it's against our forum rules. Thanks!

[tommy463]

Sorry! I will make sure not too!

Thank you for the thoughts....I was also told that the income for the prev 6 months to filing was all that mattered...they can try and take the commission if they want...although it was already been spent on bills.

It would make no sense to be able to modify the means test 2 months after filing due to extra commission...but who knows!

I have my reg count down to the discharge...but now I am starting a "mini" countdown until 8 am CST when the lawyer office opens...

errrrrrr!

[CATCHMEIFYOUCAN]

OMG .. it sounds like he is looking for money! I feel for you, worrying is ok because thats how you prepare yourself for the worst. I hope everything works out for you in the end. Definitely consult and trust in your lawyer. I was in a panic state myself when I converted from a 13 to 7. Right around discharge the trustee put a notice out saying there were possible assets and for the creditors to file claims if they hadn't done so. While I was waiting for my conversion I took a risk and continued to pull a load of overtime (after telling my lawyer I had quit one of my jobs - just so I could convert.) Well it so happened I was able to work a poop load of overtime with the job I kept. Thank goodness the trustee didn't ask to see any additional paystubs, like yours has. I can only guess when you originally filed as you stated "I lost my job last year and did not have an income for 6 months," the Trustee is checking up on you. In my situation the worst thing I could think of was to be thrown back into a 13. I really hope all works out for you!

Catchmeifyoucan

[tommy463]

Thank you for your input! I have no idea what they are looking for...I work a commission job and next month's income will be about half...so I dont know how they could look at one good month inside the 60 day waiting period and not look at the bad one too!

I may be wrong though....I am just hoping everything checks out and I am good to go.

They have not filed anything on Pacer since my notice of no asset...and it is now 34 days..so I would think I would be ok???

I dont know why the UST would wait a month and then start poking around?