Urgent please help - can they take my money?

[FLGirl]

{bumping i need more input on this please! thanks so much!]

I filed BK ch 7 pro se (I guess that means without a lawyer) yesterday.

I work as a commission-only sales rep and my average income about matches my expenses (actually it is less but what I showed about matches with $21 left over).

I received a tax refund of about $3200 which I deposited a month or so ago, so my checking account is a bit inflated right now. As of right now, mid-month and at time if filing, is about $3300. Rent, bills etc. are due in 2-3 weeks, so by then at least half will be gone. Did not have a good sales month in September, and this month isn't looking so good either.

Can the trustee take my money from my checking account and leave me to be evicted or not be able to pay my bills? By the time i have my meeting, as I said, this will be much lower.

I'm so scared i feel like i'm going to have a nervous breakdown. I don't make much money - my income last year was like $22,000 and I'm single and support myself. I was holding on to that money for emergency expenses and car repairs, but now it looks like it may have to be spent on living expenses anyway, if this month or next is bad with sales too.

[butterflyness]

Well, i would think if ur going to be spending the money on things like rent, and car pymts or whatever, i say make sure keeping receipts of everything is a very good idea. I remember at my 341 meeting, the trustee asked another person for reciepts on the things they spent their tax return on. When they asked me, my lawyer simply told the trustee, that it was spent on some car pymts. trustee just nodded her head.

[butterflyness]

Oh and bank statements. That's important too. I say when u print out the bank statements, just highlight it, in accordance with the receipts.

[FLGirl]

Ty

Did you have money in your checking account at the time of your 341? Thank you so much for replying.

I read somewhere today on the net that you can keep up to $4000 in your account, but then I read elsewhere different.... ????

[sunshine08]

We were asked about our tax refund, it was larger than you got. Our lawyer told us it was figured into our income (tax refund divided by 12 & that amount added up to our income) We were asked about it, really wasn't expecting the question, he had not asked anyone that. I was honest it was used to pay up some things and pay property tax from the year before etc.
You should be ok, we actually also paid somethings ahead because we had a little extra.

[FLGirl]

Ty

TY sunshine ;)

the thing is, I haven't spent it as of yesterday's filing... or all of it. So I'm showing $3300 in my checking as of filing date, but again, inflated due to refund and it WILL get spent probably most of it anyway by the 341 day on Nov 18.

Should I amend my income schedule and do what your lawyer did? Add in and divide by 12 or just explain when they ask about tax refund?

[sunshine08]

Did you show it on your schedule? Personally I would keep up with the receipts to account for the money. Also make sure you show that your income changes monthly and how you average out. What amount did you put on your schedule that was in the bank at that time.
I don't think our trustee checked our bank balance, but our tax money was gone by then, we had gotten it a month before.
Does this help?????

[FLGirl]

thanks sunshine ;)

I didn't put anything on it - and now saw that i made a mistake (did this via an online preparer and had no idea what the document would look like or that i needed to put my checking account) so I will file an amendment with the court.They said i can do that by hand with a new copy of those pages for no fee.

Was your refund in your account on the day of filing, or do you mean that you spent it from the time you filed to the time you met with the Trustee?

In other words, did you have money in your account that you reported in your filing?

[sunshine08]

Our tax money most of it was deposited in the bank when we received it. I only get paid once a month by drect deposit and I had the same concerns that you had. I relayed that to my attorney and was told to keep receipts etc. (I would keep bills and put on there the ck # used to pay that bill and go back about 2 - 3 months to show consistancy in bills & then show the income for the same period)
You definitely need to take proof of income, tax returns, and about 6 months work of bank statements, at least to the 341 meeting. If the trustees questions this or asks for additonal paper, don't get stressed. But, again I would have a mimimum of the above with me at the t341.

[FLGirl]

So I'm assuming you had money in your checking that you had to report at filing similar to my situation, and then when you had the meeting you had to show where the money went, right?

I really appreciate your help! xo

[butterflyness]

I actually didnt have any money in my account cuz it was closed due to NSF, but had it been opened, my lawyer told me to not have anything greater than 50.00 in it. He also told me to make sure i spent my tax return money. Oh btw, is this tax returns for 2005? Did u just file hella early or sumthing. Sorry i never do my own taxes.

[butterflyness]

But yeah since ur filing pro se, definetly do the receipt and make sure ur bank statements back up what ur receipts say. I found it with some people i know that do pro se, there's a lot of information they're not aware of. Better to be safe and keep urself up on it.

[sunshine08]

The money in my checking account is actually not what is actually in there. I get paid the last day of the month most of my bills are due at the by the 10th. My husband gets paid weekly. But if you check my account (according to the bank) I have quite a bit in there, because alot of my checks haven't cleared yet.
Have your "budget" backed up. Partically because you are filing pro se. Our trustee was "Very" helpful to alot of folks, especially generous to some also. He "almost" gave advice and offered great suggestions. I think if you go in there with your ducks in a row (don't we have that name here?) with a good attitude, that lends to being appreciative to what the trustee is saying, I think you will be ok. "WOW" him with your orderliness and that you can back up your schedules. He will give you a small amount of time to furnish additional documents if he requires them.

[StaciMM]

Your assets at the time of filing are the important part, not at the 341. (Income you earn after the file date is clear.) Does your state allow a wild card that you could apply to exempt this money? If not, you could have a serious problem.

[FLGirl]

looking for more input on this!