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    below median scrutiny

    How much scrutiny do those who are below median receive when filing for Chapter 7? Will the trustee pick over every purchase I have made within the past six months and demand accounts for everything shown on our banking statements? (Please note that I am not referring to anything credit related, as we stopped that a year ago. I am only talking about our checking account/debit card payments.) We eat out frequently (I know, we don't do that much anymore, except for work, which can't be helped) and there are a couple of movies we have seen in theaters in the past six months, etc. We are below median and so far our attorney has not even requested our bank account statements, but I don't want any nasty surprises at the last minute. I just have this crazy vision in my head of the trustee sitting in judgement of us and yelling at us for eating out once a week instead of paying on our credit card bills and then refusing to give us BK. Of course, before I knew anything about BK I used to have crazy visions of us coming home to a house that didn't even have a bed in it, let alone furniture or a small tv, because the court took everything in exchange for clearing our debts. Back then I didn't know you were allowed to exempt anything. I would appreciate it if someone could put my mind at ease. I am just worried something will go horribly wrong with our filing. We have our meeting with our attorney this Saturday and he thinks everything should be ready for us to officially file on 3/2. Fingers crossed! This waiting and stress of constant calls is driving me crazy...

    #2
    No worries, you will be just fine, great job ending your CC life! The trustee will not care that you saw some movies in the past.

    I know how much this process wears on you, but believe me if this is the worst thing in your case, then really you have NOTHING to worry about!
    Last edited by SubPrimeME; 02-23-2009, 08:33 PM.
    Filed: 11/25/08 - chp 7 no asset
    Discharged: 2/24/09 CLOSED 3/7/09!

    Comment


      #3
      I don't think you'll have to worry about the Trustee grilling you to that extent; or anywhere near that extent. Especially if you're under median. I was well over median, and never got asked a question about anything regarding my checking account or spending in general. So long as you're not trying to hide something significant (like deposits to an offshore account...) then you don't have much to worry about. As long as you've got a good lawyer, things will work out. Stop worrying (i know that's easier said than done). And if you know for sure you're filing just enjoy telling the constant callers that you'll be filing. Frankly, I greatly enjoyed that part the most.

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        #4
        I too am filing soon chapter 7 and under median and worried about everything I buy. And I am ready to kill my husband because he keeps forgetting to get reciepts for cash purchases, like gas pizza ect. Am I going to have to account for all money for the past 6 months or 90 days? My lawyer never said to save reciepts but I am afraid the Trustee will want to know were our money is going. Am I being paranoid?

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          #5
          Originally posted by eddiep View Post
          I too am filing soon chapter 7 and under median and worried about everything I buy. And I am ready to kill my husband because he keeps forgetting to get reciepts for cash purchases, like gas pizza ect. Am I going to have to account for all money for the past 6 months or 90 days? My lawyer never said to save reciepts but I am afraid the Trustee will want to know were our money is going. Am I being paranoid?
          Yeah, you're pretty much being paranoid.

          Comment


            #6
            Originally posted by frustrated7 View Post
            How much scrutiny do those who are below median receive when filing for Chapter 7? Will the trustee pick over every purchase I have made within the past six months and demand accounts for everything shown on our banking statements? (Please note that I am not referring to anything credit related, as we stopped that a year ago. I am only talking about our checking account/debit card payments.) We eat out frequently (I know, we don't do that much anymore, except for work, which can't be helped) and there are a couple of movies we have seen in theaters in the past six months, etc. We are below median and so far our attorney has not even requested our bank account statements, but I don't want any nasty surprises at the last minute. I just have this crazy vision in my head of the trustee sitting in judgement of us and yelling at us for eating out once a week instead of paying on our credit card bills and then refusing to give us BK. Of course, before I knew anything about BK I used to have crazy visions of us coming home to a house that didn't even have a bed in it, let alone furniture or a small tv, because the court took everything in exchange for clearing our debts. Back then I didn't know you were allowed to exempt anything. I would appreciate it if someone could put my mind at ease. I am just worried something will go horribly wrong with our filing. We have our meeting with our attorney this Saturday and he thinks everything should be ready for us to officially file on 3/2. Fingers crossed! This waiting and stress of constant calls is driving me crazy...
            Nope the trustee is looking for assets did you buy any assets??? he may want??? Stop worrying about all that you are not in debtor prison you don't need to keep track of what you do. We have some fear mongers here if you were honest when you filed you don't need to worry.
            Chapter 7 07/30/2008
            341 09/17/2008
            Discharge 11/21/2008

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              #7
              Thanks to everyone for your responses. We are not trying to hide any assets, but we use our debit card to pay for everything, and I worry about the trustee looking over our single purchase and denying us based on a purchase of a book at a bookstore or dinner out or whatnot. I know I just need to relax and stop worrying, and maybe I will feel better after preparing everything with the attorney. He thinks we can file on Monday 3/2 if we get everything set at the Saturday appointment. I'll be so glad when this is over and behind us. We will NEVER use credit cards again!!!!!

              Comment


                #8
                Highly doubt it.

                However, on your schedule I and J, income minus expenses, make sure you dont have alot of money leftover, and maximize your expense categories, but not to the point where they exceed the norm.

                Make sure your attorney is familiar with the trustees and judges preferences.

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                  #9
                  please. I saw three movies this weekend. Last weekend I went to the mall and bought spring clothes. All cash. They don't give a hoot. THey have a line for "entertainment": right on the darned schedules.
                  Read the Blog: My Personal Experience With Bankruptcy

                  Comment


                    #10
                    I wouldn't worry about it. Some Trustees will request bank statements (mine didn't and I'm slighly over median but still passed means test) but I think they are mainly looking for large purchases - over $600 - and unexplained deposits that don't match up with your income.
                    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


                      #11
                      I was in the exact same situation, and was also very worried about it. When the trustee requested my bank statements, I of course, freaked out. I also imagined them asking me why I had spent this much of that, and why I hadn't put that $40 towards my bills, etc.

                      In the end, my 341 lasted less than 3 minutes. She was just looking at my bank statements for any glaringly obvious signs of hiding money, and didn't even mention them.

                      Trustees are human too, they know how it is. You can't always live off of Top Ramen and ride your bike to work Some of them are harder to work with than others, but if you can't pay your bills, you can't pay your bills, even if you did order pizza once in March and watched three movies last summer.
                      Filed Chapter 7 12/31/08 341 Meeting 2/3/09 No Asset 2/16/09 Discharged 04/08/09 :)

                      :yahoo: Closed 04/30/09 :yahoo:

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