Thanks for sharing your story. I think that your experience is just exactly what so many of us fear. It's crazy that some people fly in and out of a Ch 7 and their 341 without so much as a hiccup, and others have their whole lives torn apart. Sorry your experience was so rough . . . I wish you the very best from this point forward.
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Questions about past spending and what trustee will look for...
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Wow...I wonder why he singled you out? Was there anything out of whack in your filing...over the median by a lot or something else? Maybe b/c you were borderline on your DMI he/she wanted to push you into a ch 13 if he could. At what point did the trustee ask for all of that documentation...before the 341 or after? Did something in the questions you got asked trigger the request??
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She is relentless.
We were slightly over the median when you included my DH's OT income, which, by the time we filed, he was no longer making. Like I've said in previous posts, we wish we had found this site before filing. Also, our attorney, while he is a good guy, didn't ask us a lot of questions before we ended up filing ---so if we had understood that waiting a few months for that OT to drop off our income would help, we would have done it.
We were asked for bank statements for the previous 3 years, CC statements for the previous 3 years (or when the acct started, whichever was first), and to explain any deposits made to our acct for the past year prior to filing. This included even small deposits (like $15.00 check from a relative for a candy sale at my son's school for a fundraiser). We did have a few checks for things that we replaced under a home warranty (we bought the house, something broke (water heater, pool filter) and we were reimbursed under the policy).
Luckily I am a stickler for keeping things and had everything they asked for except ONE CC statement. They made a big deal about not having that CC statement even though it clearly showed the balance from the previous month and the payment I made and then the balance for the month afterward and that nothing was charged. The UST actually went to court to get the CC company to give them a copy of that statement.
All of this was asked for BEFORE our 341 hearing.
Our BKT had no problems with any of our answers, the only thing he said was that he wanted to see our tax return after we filed.
Anyway, I'm just trying to say that sometimes bad things happen to good people. We are not trying to scam anyone or get away with hiding ANYTHING. We just overspent for the past 5 or 6 years and thought we were ok until my DH's overtime ran out and I'm still in nursing school without a great paying job myself. We thought we could hold out until I graduated but that didn't happen & rather than lose our house we filed and probably filed too quickly.
Just saying that even people who don't have anything to hide MIGHT get raked over the coals anyway by an overzealous UST who is a bit insane, lol!
And the kicker is that I came face to face with my UST at the facility where I work and I was caring for someone they knew. Very difficult situation for me to say the least, but I didn't let if affect my care for that person, obviously, but I could tell the UST was not happy to see me there and have to deal with me quite a bit!11/18/08 filed CH 7; 341: 12/11/09, cont'd to 01/06/09
03/21/09 341 hearing for CH 13
04/27/09 Confirmation hearing for CH 13
$199/mth for 60 months + $9K 2008 income tax refund
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