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Question about money in account when petition is filed

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    Question about money in account when petition is filed

    My attorney filed for me last evening. When I asked her at our last meeting about having money in my bank account on the day of filing she seemed to think it really wasn't an issue and unless I had thousands in there the trustee wouldn't ask for it.

    My question is, does this practice vary by district? If for some reason I do get asked for the funds do I have to provide them at the 341 or can I just pay it back by the time my case is discharged?

    Also, now that I've filed how long until my 341 is scheduled? Does it have to be done within a certain time (like 30 days)?

    #2
    Your 341 averages 30 days. Not a rule but normally that is a slot they put you in.

    Depending on how much money there is, it may not be a problem. Most here suggest lowering any balances as close to zero as possible. If substantial, you do not need to pay anything at your 341 or otherwise. Your case would be turned into an asset case, then the funds used to pay creditors in an even way. Anything around 1k is at risk, but could easily be used without question for essential and exempt things, (food, shelter, stuff like that). 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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