60 days Pay Stub

[tianh2002]

Hi everyone
I've been unemployed for 2 years. I have no unemployment benefit and I've been using student loan for paying living expense. However, I just got a full-time jobs and my first pay check will be on Jan 29. So when you file for Chapter 7, they require you to provide 60 days pay stub. But I only have one pay-stub. Could they dismiss my case because I don't have 60 day pay-stub? Or Should I wait until I have 60 day pay stub and file for Chapter 7?

Thanks sooo much

[DebtHater]

You shouldn't have to wait until you have the required amount of stubs being the reasons are legitimate. You will need to explain the reasons to the trustee, and you may be required to sign an affidavit that you were not employed for the 60 days.

[tianh2002]

Do I include the pay stub together with other form in the beginning or do I send the pay stub to the Trustee Later?

In the Nolo Book, it said that I should send the tax return and bank statement no later than 7 days before the 341 meeting. So can I send those document as soon as I receive my 341 meetings notice. Or do I have wait until 7 days before 341 meetings and send those document.

Thanks

[mtbc]

I sent mine to arrive at least seven days before, by certified mail. Districts vary regarding if they want you to file a copy with the court too, your clerk should be able to tell you. Do note redaction guidelines -- at least under our local rules, I got to black out things like first 5 digits of SSN, children's names, that sort of thing, from the tax return.

[justbroke]

You may want to file a Statement that you don't have 60-days in pay stubs. The reason is that the 60-day paystub requirement is mandatory and is cause to have your case dismissed. You could just submit an unsworn statement that you just started working and that you only have worked 30 days prior to filing. Please note, that this is not a Trustee requirement, but is a filing requirement with the Court. You must deal with this issue with the Court, and hence why I suggest the unsworn statement being filed.

Please contact your Clerk of the Bankruptcy Court and/or find the "checklist" required for filing a case. There are certain things that are filed with the Court, and if you don't file those things with the Court, your case will likely be dismissed... with little or no notice. You are required to file with your petition last year's tax return and 60-days in paystubs. This is a filing requirement, not a Trustee requirement. The Trustee may have additional things that they want specifically.

Also, I wonder how this new job will affect your Chapter 7.

[mtbc]

That's interesting, our local court rules (MA) are basically that you get the tax return and the pay advices to the trustee, but the court really don't want them unless a creditor or the trustee ask for them to be filed with the court. So, yes, definitely worth asking the clerk.

[justbroke]

That's interesting, our local court rules (MA) are basically that you get the tax return and the pay advices to the trustee, but the court really don't want them unless a creditor or the trustee ask for them to be filed with the court. So, yes, definitely worth asking the clerk.

Yeah, Massachusetts is strange in that regard. Most courts want the pay advices filed with them, at a minimum. Some people have even filed the pay advices with the Trustee and had their case dismissed.

The Rogue States probably have strange rules as well. This is why I suggest that all debtors get a copy of the "checklist" of filing requirements from their local Clerk so that they can be in compliance.

[tianh2002]

You may want to file a Statement that you don't have 60-days in pay stubs. The reason is that the 60-day paystub requirement is mandatory and is cause to have your case dismissed. You could just submit an unsworn statement that you just started working and that you only have worked 30 days prior to filing

Is there like a sample form for the statement that I don't have 60-days in pay stubs. The bottom line is, I should include 2 statements address that I don't have 60-days in pay stubs and I only have worked 30 days prior to filing? Is that correct.

Thanks