Bank Statements Don't Match Schedule

[nervousss]

I am under the median income.

I filed a chapter 7 at the end of December, and my 341 is in five days.

My lawyer never asked for bank statements, just bank balances. Last week, his assistant contacted me saying they need bank statements for the past 60 days. They hadn't asked for them because most trustees wouldn't ask for them for my income, but this one wanted them.

I filed in December, so I really didn't follow my normal budget because of Christmas and the five birthdays my family has in November/December. I still paid my normal bills, but with the money I would normally pay for medical things and such, I bought presents for my family. Some people rob Peter to pay Paul, I rob myself to pay for presents.

I know that because of my income I qualify for chapter 7 anyway, but will they deny me because my paperwork doesn't match up with my statements? I am worried about it.

Thanks.

[Flamingo]

Since you have filed and are represented by an attorney, make sure he is aware of what you are stating on here as to what you are concerned about and what happened. If investigated it could appear that you made purchases without the intent to pay for them knowing you were going to file BK.

[StartingOver08]

Nervousss, did you pay for those gifts using a debit card or cash?

Or, did you do as Flamingo suggested, and charged the gifts on a credit card?

If it is the former, then inform the attorney of the unusual expenses and possibly show one or two months statements prior to the 60 days with normal expenses so your attorney has the information to go to bat for you against the Trustee.

If it is the latter, than you have an issue you need to discuss with your attorney to figure out how to overcome the charges within 90 days of your filing BK. This is considered 'presumed abuse'. I would get with your attorneyd and have your info ready to provide TODAY to get this resolved.

[nervousss]

I'm sorry I wasn't clear.

I have not used my credit cards in over 3 years. I buy everything with my debit card and it is taken directly out of my checking account.

My schdule had everything listed down to the penny of what an ideal month of living expenses is for me, but my bank statements don't exactly match the schedule. The budget I wrote out was an "ideal" month, which rarely happens with life since my budget is so tight. I have to give up things to accomadate other things, including going out to dinner on occasion and gift buying at Christmastime.

My question is that there is more "extra shopping" looking things on there than indicated should be, because of the holidays. I never shop for myself beyond things I absolutely need.

[magyar123]

On those bank statements the trustee will probably only examine your deposits - how they relate to the income information that you provided, and possibly to verify the amounts that you listed in your expense schedule.

[nervousss]

I just called and talked to my lawyer. He said I have nothing to worry about. The statements are most likely being used to make sure I didn't have any large or unusual transactions that warrented looking into. He said he'd be very suprised if it took longer than five minutes.

That puts my mind at ease... A LITTLE. :/ I stil have several days of anxiety to get through.

[nervousss]

Just thought I would update everyone on this just in case someone does a search and wonders what happened...

My 341 meeting was today and it was great. I was up there less than five minutes, probably more like three. The trustee never mentioned my bank account, and never asked for the extra months I brought in as suggested.

I guess she just wanted to make sure I wans't hiding massive amounts of money anywhere?

In any case, everything went very well, and thank you for the advice! It was nice to be prepared just in case she did ask.

[StartingOver08]

Congratulations! So glad your 341 went without a hitch!