What does the trustee do after discharge:

[Brighterdays]

I was wondering what the trustee does after you are discharged. Let me put it in question form:

1.) Do they check your bank account to see deposits?
2.) Do they pull your credit, or get your next years tax returns?
3.) Do they get any documents sent from the irs. Ie 1099

If I get money that I wasn't expecting (inheritance, lottery or just a windfall) how do they know? I am not expecting anything but who knows as my grandpa has seen better days( I wouldn't trade him for a million bucks though).

[southernbelle]

Short and sweet (and this is my own personal experience from my case):

1.NO
2.NO
3.Not in my case

If you were to win the lottery, etc. and taxes are withheld then I would assume the IRS gets a 1099, but if you have a relative to "give" you money or inheritance and there are no taxes withheld then I don't know how they would find out, but keep in mind the significant risk if the Trustee does find out. The Trustee might have resources none of us know about.

After your discharge, the Trustee is pretty much done with you anyway unless you are an asset case and even then its just paperwork on the Trustee's part until your case closes.

Ask yourself this: Is it worth the risk if you get caught? If the answer is NO then be honest and disclose everything. Good luck.

[Brighterdays]

Short and sweet (and this is my own personal experience from my case):

1.NO
2.NO
3.Not in my case

If you were to win the lottery, etc. and taxes are withheld then I would assume the IRS gets a 1099, but if you have a relative to "give" you money or inheritance and there are no taxes withheld then I don't know how they would find out, but keep in mind the significant risk if the Trustee does find out. The Trustee might have resources none of us know about.

After your discharge, the Trustee is pretty much done with you anyway unless you are an asset case and even then its just paperwork on the Trustee's part until your case closes.

Ask yourself this: Is it worth the risk if you get caught? If the answer is NO then be honest and disclose everything. Good luck.

Thanks for the response. I am not trying to skirt the law by any means. I am just worried if my grandfather passes(god forbid) and he leaves me money, what is the cut off date a trustee will go back and look? I mean is 89 and is going to pass someday after i file. Also what means do they have at their disposal to check on these things. I have a no asset case and plan to file in a couple months, I just know with my luck, something will happen most likely screw it up.

How long after discharge can they open you bk back up

[huntersmommy]

I believe it is six months from your filing date. Don't quote me on that though : )

[Brighterdays]

I guess what I am really curious about is how do they check. Do they systematically pull credit, bank accounts, or check with the Irs?

[keepmine]

Here are the 3 exceptions that could get your bk reopened if, they occur within 180 days of filing.

http://doney.net/bkcode/11usc0541.htm

[sassiebaz]

I guess what I am really curious about is how do they check. Do they systematically pull credit, bank accounts, or check with the Irs?

I was wondering the same! How can they find out about bank account info if you havent listed it?

[Bankruptcy20]

I sometimes read these hypothetical questions on these forums... how could a credit card company or a trustee know about this bank account or other?

Think about when you opened a bank account, did you:

1) provide your name? YES
2) provide your home address and contact info? YES
3) provide your social security? YES
4) provide your employment information? PROBABLY YES

Hmmm, now let's factor in that most banks do a "credit check" for checking accounts (for federal money-laundering and other concerns) within the first 30 days of your account open, I believe. Now, let's factor in that there are numerous reports that banks need to report to the IRS, and they tend to get the "pipes" all set up at the time of opening.

OK, even smarter, let me open an account in my second cousin's aunt's dog's name, so no one will know about it. I'm just going to wire the funds over... um, not smart, as that creates quite the trail. How about I take a certified check out and then deposit it. Um, not smart again. OK, how about I take cash out, and deposit it. Ah, a bit better, I guess... but you don't look too honest now. So, better to be very honest about all of the above, of course and assume everything you have (except for the kitchen toaster you buried in the backyard) is trackable.

Wait... didn't you use a credit card to buy that toaster 91 days before filing? Never mind. Dig that toaster back up, just don't use it now cuz it's a bit dirty.

[hamburgervol]

If something were to happen your grandfather, it could take up to a year to probate and completely settle his estate...depending on how large the estate is and how quickly the executor/administrator moves.

...this may vary from State to State.

I have a similar situation. I am an heir to a sizable estate. Luckily for me it will be a few years down the road.(hopefully)

That's a small reason I decided to file now, I didn't want my inheritance going to unsecured creditors. I would rather it go towards my child's education.

[Brighterdays]

I sometimes read these hypothetical questions on these forums... how could a credit card company or a trustee know about this bank account or other?

Think about when you opened a bank account, did you:

1) provide your name? YES
2) provide your home address and contact info? YES
3) provide your social security? YES
4) provide your employment information? PROBABLY YES

Hmmm, now let's factor in that most banks do a "credit check" for checking accounts (for federal money-laundering and other concerns) within the first 30 days of your account open, I believe. Now, let's factor in that there are numerous reports that banks need to report to the IRS, and they tend to get the "pipes" all set up at the time of opening.

OK, even smarter, let me open an account in my second cousin's aunt's dog's name, so no one will know about it. I'm just going to wire the funds over... um, not smart, as that creates quite the trail. How about I take a certified check out and then deposit it. Um, not smart again. OK, how about I take cash out, and deposit it. Ah, a bit better, I guess... but you don't look too honest now. So, better to be very honest about all of the above, of course and assume everything you have (except for the kitchen toaster you buried in the backyard) is trackable.

Wait... didn't you use a credit card to buy that toaster 91 days before filing? Never mind. Dig that toaster back up, just don't use it now cuz it's a bit dirty.

What the he!! have you been smoking? No need to be condescending. I was just asking the procedure the trustee uses after the discharge, as I have herd many horror stories. How do I know my new checking account is safe from them and When is it officially over!! no toasters, no fraud, no paper trails. GEESH I am just trying to strategically plan my future. as its all about survival.

[Brighterdays]

If something were to happen your grandfather, it could take up to a year to probate and completely settle his estate...depending on how large the estate is and how quickly the executor/administrator moves.

...this may vary from State to State.

I have a similar situation. I am an heir to a sizable estate. Luckily for me it will be a few years down the road.(hopefully)

That's a small reason I decided to file now, I didn't want my inheritance going to unsecured creditors. I would rather it go towards my child's education.

its only about 40k, half is an ira and I am talking to edward jones" about how to roll it over to my own 401k. The other 20k is fair game, so I will have to figure out something.

I am going to try to negotiate with the creditors as I would be happy just being debt free. But I doubt they will make any concessions as I am not late with any of them(yet). I may have to quit paying them so they will negotiate. I have been reading threads on that subject.