Attorney asking for these ... why?

[TX Bluebonnet]

Well I had my 4th attorney consultation today and decided he was the best of the lot so I put down a small retainer and got my 47 page packet of info and questions to fill out in order to file.

I'm wondering about a couple of documents they're requesting. As stated in the paperwork, they (the attorney's office) requires these based on their "experience" and the "trustee's present requirements"...

(#2) Any debt repayment plan that the credit counseling service helped you prepare.

(#4) Pay stubs for the last six months ... Please continue to provide us with pay stubs up to the date of the first meeting of creditors which wil be approximately 30 days after we file bankruptcy.

(?) Not listed... bank statements.

What would a trustee do with a repayment plan from the credit counseling service? And what if I made mistakes when entering that info during the pre-filing course?

Why ask for more paystubs after the filing date, or even after April 30 if doing a May filing? (naturally that's right when my husband is putting in lots of OT during their busy season)

Any light to be shed on these 2 items being requested and 1 not?

[Flamingo]

All Trustees ask for different things and also for different lengths of time. Just comply with what is asked for and realize they do not ask for things just out of the blue. Noncompliance means no BK. Bank statements could be asked for later...

[CATCHMEIFYOUCAN]

To TX BlueB

Here is my take in "red"

Well I had my 4th attorney consultation today and decided he was the best of the lot so I put down a small retainer and got my 47 page packet of info and questions to fill out in order to file.

I'm wondering about a couple of documents they're requesting. As stated in the paperwork, they (the attorney's office) requires these based on their "experience" and the "trustee's present requirements"...

(#2) Any debt repayment plan that the credit counseling service helped you prepare.

This is just to give them an idea of your income, debt and standard deductions (living expenses). Also they'll need that certificate the credit counseling issues to be given to the Trustee just before your 341 meeting.

(#4) Pay stubs for the last six months ... Please continue to provide us with pay stubs up to the date of the first meeting of creditors which wil be approximately 30 days after we file bankruptcy.

This is definitely required in all BK cases I've heard of, they go back 6 months prior to your 341 to give them an idea of you total income, than based on your expenses they will calculate what money you may have left to determine your disposable income IF ANY to pay the creditors.

(?) Not listed... bank statements.

I was required to have at least bank statements prior to the 341 meeting. They want to see if you are "hiding," any money or where your money gets spent.

What would a trustee do with a repayment plan from the credit counseling service?

Gives then an idea of your income/expenses.

And what if I made mistakes when entering that info during the pre-filing course?

Than it will corrected when you go to fill out the Means Test and Schedules I and J. Don't worry, just comply, I made a few errors on the pre-filing course myself, it was just corrected when "the real" paperwork had to be filed with the courts.

Why ask for more paystubs after the filing date, or even after April 30 if doing a May filing? (naturally that's right when my husband is putting in lots of OT during their busy season)

The Trustee can pretty much ask what he deems necessary to see if you are making more money than is accounted for.

Any light to be shed on these 2 items being requested and 1 not?

Don't worry about "the not," don't tell - don't ask policy. Just give them what they want, you'll be fine!

Best of Luck, Catchmeifyoucan

[DebtorDan]

Anyone in TX have to provide bank statements? We haven't had to. I'm wondering if its just something peculiar to TX that they don't pursue.

The rest requested sounds pretty standard.

[epiphany]

Anyone in TX have to provide bank statements? We haven't had to. I'm wondering if its just something peculiar to TX that they don't pursue.

The rest requested sounds pretty standard.

I don't think there is any blanket statement that can be made as far as what you will or will not have to produce, no matter the state.

All depends on your individual situation and the practices of your trustee. Best to be prepared.

ep

[JRScott]

Well I had my 4th attorney consultation today and decided he was the best of the lot so I put down a small retainer and got my 47 page packet of info and questions to fill out in order to file.

I'm wondering about a couple of documents they're requesting. As stated in the paperwork, they (the attorney's office) requires these based on their "experience" and the "trustee's present requirements"...

(#2) Any debt repayment plan that the credit counseling service helped you prepare.

This is a common question. I think the main reason they ask is to make sure this money has made it to the creditors, and if not to go after the debt counseling company. It will not affect you.

(#4) Pay stubs for the last six months ... Please continue to provide us with pay stubs up to the date of the first meeting of creditors which wil be approximately 30 days after we file bankruptcy.

(?) Not listed... bank statements.

What would a trustee do with a repayment plan from the credit counseling service? And what if I made mistakes when entering that info during the pre-filing course?

Why ask for more paystubs after the filing date, or even after April 30 if doing a May filing? (naturally that's right when my husband is putting in lots of OT during their busy season)

Any light to be shed on these 2 items being requested and 1 not?

This is routine. Some jurisdictions what paystubs up to the 341, others do not. Go ahead and start keeping bank statements. It can only help you to be prepared.

[TX Bluebonnet]

All Trustees ask for different things and also for different lengths of time. Just comply with what is asked for and realize they do not ask for things just out of the blue. Noncompliance means no BK. Bank statements could be asked for later...

I understand they don't ask for things out of the blue. I just like to understand why they're asking for stuff. I do appreciate your comments and have every intention of complying.

[TX Bluebonnet]

CATCHMEIFYOUCAN

(#4) Pay stubs for the last six months ... Please continue to provide us with pay stubs up to the date of the first meeting of creditors which wil be approximately 30 days after we file bankruptcy.

This is definitely required in all BK cases I've heard of, they go back 6 months prior to your 341 to give them an idea of you total income, than based on your expenses they will calculate what money you may have left to determine your disposable income IF ANY to pay the creditors.

From all my reading up on this I'd somehow come to the conclusion that any income earned after filing was not taken into consideration. Apparently I'm wrong. Bummer.

What would a trustee do with a repayment plan from the credit counseling service? And what if I made mistakes when entering that info during the pre-filing course?

Than it will corrected when you go to fill out the Means Test and Schedules I and J. Don't worry, just comply, I made a few errors on the pre-filing course myself, it was just corrected when "the real" paperwork had to be filed with the courts.

This makes me feel a whole lot better knowing making corrections is not a big deal. I was concerned they'd legally hold me to what I entered during the course.

[TX Bluebonnet]

Anyone in TX have to provide bank statements? We haven't had to. I'm wondering if its just something peculiar to TX that they don't pursue.

The rest requested sounds pretty standard.

How far in the process are you? I'm filing in the Eastern District.

[TX Bluebonnet]

I don't think there is any blanket statement that can be made as far as what you will or will not have to produce, no matter the state. All depends on your individual situation and the practices of your trustee. Best to be prepared.

This is routine. Some jurisdictions what paystubs up to the 341, others do not. Go ahead and start keeping bank statements. It can only help you to be prepared.

Sounds like I need to be prepared. I'm trying hard. Thats why I come here. For the knowledge and reassurances from y'all.

[PaKettle]

[QUOTE=TX Bluebonnet;155592]From all my reading up on this I'd somehow come to the conclusion that any income earned after filing was not taken into consideration. Apparently I'm wrong. Bummer.

This seems to be a grey area, depending on the district.

My attorney for example, told me that if my income increased "more than 20%" after the 341, that could be a problem...

But people here generally say that income after the 341 does not matter.

So far I don't recall anyone here posting that an income raise after filing was a problem...

If this might be a problem in your case, ask your attorney so you know what to expect.

Good luck!

[TX Bluebonnet]

This seems to be a grey area, depending on the district.

My attorney for example, told me that if my income increased "more than 20%" after the 341, that could be a problem...

But people here generally say that income after the 341 does not matter.

So far I don't recall anyone here posting that an income raise after filing was a problem...

If this might be a problem in your case, ask your attorney so you know what to expect.

Good luck!

Thanks. I plan on asking my attorney about it when I drop my paperwork off next week because my husband is really piling on the overtime right now, like at least 20 hrs OT this week which will continue for the next month or two. He said it won't be any problem getting a letter from his employer about it being temporary. So hopefully it won't be an issue. Nice to hear though that nobody has reported it being a problem.

[TX Bluebonnet]

As stated in the paperwork, they (the attorney's office) requires ... Any debt repayment plan that the credit counseling service helped you prepare ... What would a trustee do with a repayment plan from the credit counseling service? And what if I made mistakes when entering that info during the pre-filing course?

Follow up to my own question ...

I received my pre-filing counsiling course packet with the certificate this morning. On the certificate it states "A debt repayment Plan was not prepared." I'm guessing that's because I'm in the hole each month. So, maybe the plan documentation only applies for chapter 13 filers. But, in any case, I didn't receive one so I'm crossing that off my list.

[Flamingo]

I understand they don't ask for things out of the blue. I just like to understand why they're asking for stuff. I do appreciate your comments and have every intention of complying.

They are asking for stuff because it's required of them to ask you to produce the documentation. BK Districts, states and requirements are all different. What you may be requested to provide for any reason, rule or regulation may be different from someone in the next district in your state. If you feel you are being singled out for something, ask your lawyer.

[TX Bluebonnet]

They are asking for stuff because it's required of them to ask you to produce the documentation. BK Districts, states and requirements are all different. What you may be requested to provide for any reason, rule or regulation may be different from someone in the next district in your state. If you feel you are being singled out for something, ask your lawyer.

I understand they are asking for documention because they are required. I understand that different districts have "local" rules, customs, and requirements. I do not feel like I am being singled out. I think you are misunderstainding why/what I'm asking. All I wanted was to understand for what purpose or how they used the info so I can best be prepared and know what the heck is going on throughout this whole bankruptcy process. I have no idea why I'm sitting here feeling like I need to defend myself for asking questions!!