Deposit on banking statement putting me over median

[lalap123]

Okay, my attorney just notified me that there is a deposit of around $200 from September that is putting me over the median by around $90. When I went over my bank statements to make sure I had included all income I did not include this amount because it was a deposit of a refund from several purchases from a department store (took clothing back to Target from purchases in August). In my opinion it was in essence a re-deposit of money we already had in our account.

My question is, although my attorney took my explanation for this without much trouble I am worried that the trustee might go over my bank statements and question this deposit. I no longer have the receipts showing the refund, but you can see the purchases from my bank statement in August. Is this going to fly or will the trustee demand some proof of this or push me into a chapter 13?

I cannot believe this is happening...should I wait until this falls off my 6-months? What would you all do?

[keepinitreal]

I don't understand how a one-time $200 deposit can put you over median by $90, when $200 divided by the 6-month look-back is $33.

Regardless, you're right to ignore the $200 since you can show in your earlier bank statements that you made the purchases, and were simply getting refunds.

[liz417]

I don't think a one-time deposit of $200 is going to be a deciding factor on you filing a ch 7 vs. a ch 13/. It isn't a steady income or anything, if asked (I really doubt the Trustee has time to go over your bank statements), simply explain the source of the deposit.

BTW: I was $21k OVER the median and had no problems with my ch 7.

[logansdad]

This screams find a new lawyer

[lalap123]

Thanks. Sorry for the typo - that should have been "around $30" (not $90).

I hope that I won't be scrutinized too closely, but in the meantime I'll know to be prepared if the question arises.

[Faust]

How can this be? So since I have borrowed money from payday loan stores and put into my account for bills, that will be considered income?!

[lalap123]

Faust,
I believe there are differences in how each district interprets and enforces what they believe should be "income." I have read and been told that in my state/district they consider EVERYTHING income. With that being said, the only thing that won't count are cash advance checks that have been deposited into our account, since essentially it was borrowed money. I'm sure this would apply to your situation as well, but I'd check with your attorney to make sure.