Motion to dismiss case

[texanboy76]

If you go to court for a hearing can they request documents from the debtor after the date was filed? For example...Let's say you filed on 2/1/09 can they ask for information from after the filing date or only before? The hearing is for august....

[JRScott]

Well it is allowed and not to uncommon for a trustee to ask for paystubs from date of filing til the 341. This is usually in borderline cases where he's trying to look for cause of totality of circumstances. So long as it jives with your petition though nothing more comes of it.

[texanboy76]

Well it is allowed and not to uncommon for a trustee to ask for paystubs from date of filing til the 341. This is usually in borderline cases where he's trying to look for cause of totality of circumstances. So long as it jives with your petition though nothing more comes of it.

what about bank statements etc.....only paystubs they can ask for?

[JRScott]

Bank Statements prior to filing date are normal request.

Bank Statements after filing date would be unusual and could indicate he suspects fraud or the hiding of assets.

[shabam]

So the motion is still going on.

Has the UST or your lawyer told you why they are trying to dismiss the case?

[music12]

it would be hard for anyone on this forum to give any useful advice without knowing the reasons they stated in the motion to dismiss.

[shabam]

it would be hard for anyone on this forum to give any useful advice without knowing the reasons they stated in the motion to dismiss.

I understand people what anonymity but in a BK process, there is no such thing. People should just add a few $$$ here or there if they want to be extra cautious about privacy when quoting figures.

Without further information we are unable to assist in any meaningful way. Furthermore, it prevents other people from learning from each other.

[whipster1]

what about bank statements etc.....only paystubs they can ask for?

They can ask for ANYTHING they want. A friend of mine had to provide two years of bank statements cuz they thought he was hiding/transferring assets to other people. He wasn't, so his case went fine after that...

[aces67]

The UST filed a motion to dismiss on us. We converted to a Ch 7 on 4/30/09 and had our 341 on 05/22. He filed his motion and then required paystubs from 05/22 until July 1st.

He finally backed down but yes the UST can and probably will ask for more current records.

[StartingOver08]

Also, the trustee will ask for more information if you have large unsecured debt - based on the various posters here in this forum it seems that $100k (of unsecured) is probably the threshhold with the Trustee wanting more detailed records. If you have a business, they want more records. If you have rental property, they want more records....I think you get the idea.

[music12]

They can ask for ANYTHING they want. A friend of mine had to provide two years of bank statements cuz they thought he was hiding/transferring assets to other people. He wasn't, so his case went fine after that...

what caused them to think he was hiding/transferring assets?