Info about the time after filing before 341 meeting

[bnkrptinva]

I just thought I'd share this. It may depend on district or trustee, but anyhow....

I filed last week..just finally got my meeting scheduled. May 19th (will be a long 5 weeks for me!). I am expecting in October. I adjusted my takehome pay for this week as I have not bought one single thing to get ready for this baby. I decided to check w/my attorney. Attorney advised to fix it back..and wait until after the 341 then I could do whatever (change tax withholding, 401 K contributions etc.).

I'm assuming I probably won't be asked for my paycheck stubs after filing up to the meeting, but then again, I'm a borderline 7 because of a bonus last December. I am hoping the 2 checks that come after this one would be enough if I am asked as they show the correct amounts I used when filing. I'm in a rock & hard place because I need to prep for another family member which takes money to do, yet as far as the bankruptcy is concerned..if I have additional take home..that would be viewed as money I could pay into a chapter 13.

So it's back to being broke until the end of next month.

Has anyone ever experinced a trustee asking for paystubs POST filing but prior to the 341 meeting?

Thanks and good luck to everyone here. I hope stuff works out for all of us.

[JRScott]

It is not uncommon for a trustee to ask to see paystubs generated between the filing date and 341 meeting. Remember they can use totality of situation. Your lawyer has probably advised you correctly, waiting to make any changes til after the 341 is concluded since you are a borderline case he's trying to get you the best deal he can.

[bnkrptinva]

Uh oh. I hope the one of three paychecks from filing to then doesn't cause a stir. I didn't realize. I guess I'll just explain it's been tight saving up for the bankruptcy..I needed a few things and have put my check back. I owe 3500 in fed taxes, so it's not like I could keep that much take home from now because I cannot afford to owe them for 2009 too.

You think I'm going to have problems with this? : (

Thanks.

[JRScott]

In the long run you'll be okay I think.

If you owe the IRS you could have them garnish your wages, which if you didn't set up a payment plan they will eventually do. Federal Taxes not older than 3 years are not dischargeable anyway.

[bnkrptinva]

Thanks, you make a good point...about the IRS. Even if I end up overpaying some this year...IRS will apply to my back owed taxes, so I think I can explain away why I had to set my withholdings back. I also can play the card that I've had to use living expenses to help pay for the fees of bankruptcy..now that I've done that..I just needed a few extra dollars this paycheck to get caught up on a few personal things..but again, not that I can maintain that (atleast until baby comes and I know what exemptions I'll have for this tax year..but that's not till later on).

Attorney didn't really scold me, yet I think it's a precaution. Hopefully they won't ask me for every paycheck from filing till meeting..if any at all.