I received a commission check today that I was told I would not be getting due to pay decreases. I filed BK7 on Sept 1,2009. My 341 is not till Oct. 29, 2009. What should I do with this check?
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Filed 9/01/2009
341 Scheduled for 10/29/2009 (Smooth
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Trustee Report of No Distributions 10/30/2009
Actual Discharge 1/12/2010
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since you already filed...keep it?Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010
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But can I put it in the bank? What if trustee ask for Sept. bank statement and he sees it go into my bank?Originally posted by nc73 View PostFiled 9/01/2009
341 Scheduled for 10/29/2009 (Smooth)
Trustee Report of No Distributions 10/30/2009
Actual Discharge 1/12/2010Comment
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For us, the TT didn't need anything post-filing (no bank statement, etc). We gave our attorney our bank statement that went up to the filing date & that was it. But I have heard of the TT asking for info after filing.Filed 8/2009
Discharged & Closed 11/2009
Now the rebuilding begins....Comment
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Was this a commission earned prior to your filing or after your filing date?
You may want to discuss this with your attorney right away. I know that in my case all commission receiveables earned but not paid as of the filing date belonged to the trustee. Any commissions earned after filing (contract written and closed after the filing date) belonged to me. Check with your attorney for clarification.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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We are real estate agents. We had to declare a sale that was in escrow at the time of filing even though it was uncertain escrow was going to close (the buyers had not fininshed their inspections and removed contingencies). The un-paid commission had to be listed as part of our exemption amount. At our 341 hearing, the Trustee asked if escrow closed and we were paid the commission (which we were).
I agree with StartingOver08. You need to check with your attorney for guidance.Filed Non-Consumer Chapter 7: 07/31/2009
341 Hearing: 09/03/2009
Last Day for Creditor's Objections: 11/02/2009
Discharged! 11/03/2009 CLOSED! 01/05/2010Comment
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Originally posted by StartingOver08 View Post
This was commission earned after filing date.Filed 9/01/2009
341 Scheduled for 10/29/2009 (Smooth)
Trustee Report of No Distributions 10/30/2009
Actual Discharge 1/12/2010Comment
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Originally posted by BC7114 View Post
Sounds like you get to keep it since it was earned after the filing date! 
Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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