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    #1

    Pay Stubs

    I have been reading everything I can find about BK on the internet for days. This site is the absolute best I have found. Thank you for providing it!

    Now the question. I have read conflicting information about pay stubs. Some say that I will need the last 6 months of stubs and others say only the last two months are needed. Which is it?

    And if I don't have stubs...will a letter from the payroll dept. with the info suffice?

    D...
    Tags: None
    #2
    6 months from filing. everything is a 6 month look back that goes for all the information you will need to file
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment

      #3
      My attorney asked for 3 months of paystubs since I was a salaried employee and my pay was the exact same amount each month. But I think you should gather 6 months because that is what is the normal recommendation.
      Chapter 7 filed 10/21/2008
      341 - 11/26 went smooth NO ASSET
      Took 115 days after 341 - But Finally DISCHARGED 3/25/09

      Comment

        #4
        I filed pro se and I had to provide 2 months of paystubs to the trustee. Of course, I have the prior 6 months which I used to figure my income for the means test, but I only had to "turn in" the paystubs 2 months prior to filing.
        Filed Ch. 7 Pro Se: 12/11/08
        341 Meeting: 1/7/09
        Trustee's Report of No Distribution: 1/9/09
        Discharged: 3/10/09

        Comment

          #5
          The reason there's inconsistency in the answers about how many months of pay stubs you need to give the trustee is because there is no one correct answer. Basically you give the trustee whatever number of months he/sher requests. Some will ask for the whole six months, some will ask for as few as two months. Just depends on your trustee, your personal financial circumstances, and the customs in your local bk court.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !
          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment

            #6
            Here's the absolute scoop on this.

            In order to file your petition and not get your case automatically dismissed, you must file 60 (sixty) days worth of pay stubs with your petition or within 15 days of filing your petition.

            Now, to complicate it more, Trustee will require anywhere from 3 months to 6 months of paystubs submitted to the U.S. Trustee along with 3 or more years of Tax Returns as well. This is the part which varies and confuses people.

            Originally posted by DaisysMom View Post
            And if I don't have stubs...will a letter from the payroll dept. with the info suffice?
            No. There have been cases, recently, where a person submitted 60 days worth of pay stubs but had one missing. His pay was exactly the same each and every pay period. The court dismissed his case because the language of the law reads "shall" be dismissed if not filed.

            You need to have the payroll office regenerate that paystub. Otherwise, you can find yourself in a really strange situation. Of course, this can vary based on the Judge, but I don't want to push it personally.

            Do I Really Need to File 60 Days of Pay Stubs When I File Bankruptcy? -- Bankruptcy Law Network
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

              #7
              Justbroke - excellent answer. OP - 6 months in my case. Better to have them on hand to get them to the trustee or UST quickly if needed.

              Comment

                #8
                Does the same requirement apply to my husband who is NOT filing. Will I need six months of his pay stubs also to verify his income? He is on long term disability and his checks remain the same each month.

                D...

                Comment

                  #9
                  Originally posted by DaisysMom View Post
                  Does the same requirement apply to my husband who is NOT filing. Will I need six months of his pay stubs also to verify his income? He is on long term disability and his checks remain the same each month.

                  D...
                  The only thing that will prove that his checks have remained the same for the prior six months is six months worth of paystubs. Saying so doesn't matter.

                  Note - there have been times where folks are asked for one year's worth of paystubs and other information - we were. It all depends on the Trustee.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006
                  "A credit card is a snake in your pocket"

                  Comment

                    #10
                    Pay Stubs after filing before 341 meeting

                    Hi,
                    I understand that all the pay stubs during the 6 months prior to filing bankruptcy is required and should be sent to the Trustee. But does any pay stub need to be sent to Trustee after filing and before 341 meeting?

                    For example, I file my petition for Chapter 7 on Feb 15th and I get the 341 meeting scheduled on March 22th. While filing on Feb 15th, I provided all the 6 month pay stubs till Jan 31st. Now that I have already filed and my 341 meeting is scheduled next Month, do I need to send any pay stub for February to the Trustee?

                    Thanks.

                    Comment

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