Kind of scarde

[Anxious216]

My 341 meeting is happening on the 25th and I discovered I can not find my December pay stubs. I contacted my old employer and they do not keep copies pf the pay stubs but indicated she can look back ad see what I made off her payroll ledger and sign it stating that this is my correct income for that time period. Do you think that will be acceptable?

[justbroke]

You will need to find out through your attorney (if you filed through one) or by contacting the Clerk's Office (if you filed pro se).

The Code is pretty clear and some Bankruptcy Courts have been firm on the "paystub" provision. However, it reads "copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor" (11 USC 521).

I would say that a notarized statement from the payroll department, would suffice. That statement would need to show the breakdown, just as it would be on a paystub. That should include, gross income (wages), federal taxes, OASDI, MEDICARE, pre-tax deductions (medical insurance, HSA, etc), union dues, 401(k) contributions, 401(k) loans, etc.

If the "statement" is in the form of a common business record... i.e. a screen print from the payroll system... that is probably the best.

[Tbornetun]

What do you need December paystubs for? Did the trustee specifically request them? You should only need pay stubs for the 60 days prior to filing to current.

[LuciluS]

The packet we received from our BK Attorney specifically states 'Paystubs will not be accepted, only a Detailed Accounting of each paycheck from your Employer, signed and notarized for the previous six months excluding the month in which you are filing'.

I did not fully understand his request and sent him an email asking for further information.

His reply: Mrs. S_____, my records indicate you and your husband will be filing Chapter 7 on 9/30/09. If this is correct, I am requesting income from your husband's employer from March 1, 2009 - August 31, 2009. Furthermore, records indicate you receive SSD. Social Security Administration mails each recipient a yearly statement of monthly income for the next year in December. I will need the Original Statement.

[jadams]

I've never heard of needing to get a regular paystub signed and notarized by the employer.

Is he at a small company that doesn't have a standardly processed payroll/paystub?

[LuciluS]

I've never heard of needing to get a regular paystub signed and notarized by the employer.

Is he at a small company that doesn't have a standardly processed payroll/paystub?

No. He works for a trucking company which employs I know more than 100. We are in Arkansas.

I've read where paystubs are required. He gets paid each week. I intend to copy each paystub (can tell Computerized Payroll System by paystubs) because in April he was hospitalized and no pay for 3 weeks. I also have an Excel Spreadsheet.

The statement I made is on his packet for all his clients. We are in Arkansas.
He is an BK Attorney in practice for 20 years.

Luci