341 tomorrow... question

[debtfreeplease]

My 341 is tomorrow at 1pm. Since my lawyer messed up and filed me on the wrong day, my paycheck of $555 went into my bank account on the day of filing. I didn't cover this with an exemption, how likely do you think it is that the trustee will want this money? If he does, do I make payments to him or do I have to give him a lump sum? There is no way I would be able to do that... Also if this does happen, I think I am going to call my lawyer and tell him that I think he should take $555 off of the amount that I owe him. I was told 3 times by him that I would be filed on a different day, and one of them is in writing in my email. Does anyone have any thoughts on this? Thank you, I appreciate it!

[Noodle Mama]

I really don't think you getting paid the day of filing will matter. The trustee will not take money that you need to feed your family and pay bills.

If the amount listed on the exemption form differs from what you have in your account, you're fine. Unless its $20K or something (which wouldn't be exempt anyway).

[debtfreeplease]

Thanks Noodle Mama. I'm nervous because the lawyer said that the trustee will want whatever is in my account on the day of filing, especially if it is a few hundred dollars.

[RedLight]

That is not true. When I filed, I had $1,600 in my checking account. However, I made it known to my atty that our mortgage payment was coming out of that. Nevertheless, that is extremely insignificant and not worth it for the trustee to go after. But, if you are really concerned, go grocery shopping before you file.

[StartingOver08]

I think it depends upon what district you are in - because my attorney said not to have more than $100 in my account as of the date of filing or it would go to the trustee. I am in South FL. In fact, I had to pull out the attorney's fee from the account in a cashiers check to pay the attorney so those funds would not show available.