Income After Filing

[willbfree]

Bees I can't answer all your questions but our trustee contacted us and asked for our two latest pay stubs. Those would not have been included in the paperwork our attorney submitted to the court. So yes if there had been an increase in the amount of pay the trustee would have caught that in our case.

[bees]

Is there any info on how often the trustee asks about current, post-filing income? Is it pretty much all the time?

If he's looking back at the 6-mo. time period, why do they ask?

I realize they ask to see if your circumstances changed, but I thought this wasn't supposed to be a rolling look. Like I've read here in a few threads, it seems as though they're giving someone who is unemployed an incentive to not take a job even if offered.

[StartingOver08]

It is rare for a Trustee to ask for post filing income in a Ch 7 case. Usually they want to see the statement showing the account BALANCE as of the filing date - that's all.

[chad9162]

Is there any info on how often the trustee asks about current, post-filing income? Is it pretty much all the time?

I think that is an unusual circumstance and maybe district specific.

If he's looking back at the 6-mo. time period, why do they ask?

I realize they ask to see if your circumstances changed, but I thought this wasn't supposed to be a rolling look. Like I've read here in a few threads, it seems as though they're giving someone who is unemployed an incentive to not take a job even if offered.

Personally, IMO, I think it would have to be a large amount of money. I don't think it would reset the clock on income but they might be able to added the difference to the BK estate. I don't really know....I'll e-mail my attorney and ask him....

[willbfree]

I believe in my case it's either district specific or it's this trustee specific. The request came with the routine set of trustee's paperwork. All this trustee's debtors would get the same request. So it's nothing that we individually or personally did that sent up a red flag. Didn't make any difference in our case but it's important to know that the question has been asked.

[ItsJustMe]

Oh, so how do they determine the income for the past 6 months? Do you provide 6 months of paystubs? Thanks

[chad9162]

Oh, so how do they determine the income for the past 6 months? Do you provide 6 months of paystubs? Thanks

Yes or if you're self-employed you provide Profit and Expense reports...

[LuciluS]

Hmmm, guess Trustee could request addt'l pay stubs from hubby after we file on 9/30/09, using April - August income, as hubby has been off ill for almost a month know with no pay??

Luci

[willbfree]

DH was only asked to provide the attorney with three months worth of pay stubs since he is salaried. His pay never varies from check to check. In my case we had to provide all six months worth of the business's financial records to our attorney.

In the case of this trustee's request I made a written notation that the business had closed effective xxx date and there were no new business financial records to provide. I offered to provide another copy of the last month's business records the business was open upon request but the trustee should have those records anyway. (Plan to have these with me at the 341 just in case). Then we included DH's two newest pay stubs.

[StartingOver08]

DH was only asked to provide the attorney with three months worth of pay stubs since he is salaried. His pay never varies from check to check. In my case we had to provide all six months worth of the business's financial records to our attorney.

In the case of this trustee's request I made a written notation that the business had closed effective xxx date and there were no new business financial records to provide. I offered to provide another copy of the last month's business records the business was open upon request but the trustee should have those records anyway. (Plan to have these with me at the 341 just in case). Then we included DH's two newest pay stubs.

I suspect that this is the reason why you had to supply additional records. I too had to supply 2 yrs bank statements, 4 yrs tax returns etc etc because of the small business aspect. I think having a small business means the Trustee takes a little harder look initially. At least in our district.