Wrong Bank Balance... What to do?

[ForTheBest]

I discovered this great forum last week and, while reading past posts, realized that there was a huge error on my Chapter 7 petition. It says I had $400 in the bank while in actuality the balance was almost $2100.

My lawyer used the figure I had given on a questionnaire I filled out a week before filing. When we got together on signing day, she never mentioned that the balance had to be accurate as of filing day, and I was so nervous (and she so rushed) that it never dawned on me to question her.

The additional money in the account resulted from 2 unemployment checks direct deposited the day before filing (which were used to pay my rent 3 days after filing), and the proceeds from cashing out my tiny TSP (all of which was used to pay her fee). Since I gave her the check for her fee at the signing, it wasn't debited to my account until 2 days after filing.

I immediately called my attorney last week when I realized the mistake, but she still hasn't returned my calls. My 341 meeting is in two weeks and I haven't been able to sleep over this. I don't know what to do.

Can it be fixed? Will my case be thrown out? Will I have to pay the $1700 difference to the trustee? (And if so, what if I can't come up with the money to pay it? I only have $300 to my name.)

I live in Massachusetts, have no assets and am well under the acceptable income limit for Chapter 7.

Thank you so much for any help/advice you can provide.

[NoMoreCards]

I wouldn't worry about it. You have receipts showing what the money was spent on (Rent) so it will not be a issue. Odds are, it will never even be brought up, but have the receipts if it is. Living expenses are allowed to be paid.

[AngelinaCatHub]

You have no problems, friend. First, it was UC funds, next you paid for expenses. At your 341, when asked, are all papers accurate, state that you (since you filed the papers) had a deposit and used it for your lawyer or other exempt expenses. You are allowed to live in bk and pay for non luxury stuff. 'Hub

[ForTheBest]

But what will happen when the trustee sees that my schedule shows a $400 bank balance on filing day and the bank statement shows a $2100 balance on filing day? Don't the numbers have to agree?

(Thanks for your replies. Maybe I'm just not understanding.)

[liz417]

But what will happen when the trustee sees that my schedule shows a $400 bank balance on filing day and the bank statement shows a $2100 balance on filing day? Don't the numbers have to agree?

(Thanks for your replies. Maybe I'm just not understanding.)

There was an error in my petition too. I freaked out a little because my attorney put that I had $100 in my account, but he jumped the gun a little and file Thursday, my payday, instead of Friday!!! I had over $2k on the date that I filed. Nothing was asked at my 341. Make sure to bring your receipts just in case your Trustee asks, you can show him where the $$ went.

[TBLTZ]

You have no problems, friend. First, it was UC funds, next you paid for expenses. At your 341, when asked, are all papers accurate, state that you (since you filed the papers) had a deposit and used it for your lawyer or other exempt expenses. You are allowed to live in bk and pay for non luxury stuff. 'Hub

I always feel like I shouldn't spend any money and im going to be questioned about everything i buy. I feel like i shouldn't be living in bk like i broke the law or something.

[iv65536]

I chose the date that I plan to file based on when my paycheck would hit my bank account.

[AngelinaCatHub]

I always feel like I shouldn't spend any money and im going to be questioned about everything i buy. I feel like i shouldn't be living in bk like i broke the law or something.

The Court is not stupid. They know things can change as in you may still be working and get a direct deposit. Honesty will shine through. The Judge will know that you have to pay bills and buy food. What they look for are big expenditures, not rent, and utilities but "joy toys". You are fine. 'Hub

[music12]

to add to what people said, UC is itself exempt, in addition to the fact that you used it for necessities (rent). do not worry. if the trustee asks whether the petition is accurate, and you tell them that you had UC deposited and used it for rent, and that the amount in the petition was therefore wrong, they won't even blink. ask your lawyer whether you actually need to say anything or not.

[MrSmithster]

who had to show bank statements? i didnt