Suspect ATM withdrawals prior to filing?

[loser104]

Due to a loss of employment a couple of months ago, I quit paying my mortgage and am planning for a possible foreclosure. If no employment is found within the next few months, will probably be filing a chapter 7 BK. Because of a severance package and vacation payout, I will not be able to make it under the means test cutoff for a single person until probably july or august. In the meantime, I usually take out $100-200 from the ATM every 2 weeks or so for everyday miscellaneous expenses..........and other little things that come up.

Does this look suspect or reak of fraud when I go to file??? I usually use a debit card for groceries, gas, and most other expenses, but nothing can replace having cash in the wallet sometimes (for the occasional red bull at the gas station, or a starbucks coffee once a week, take-out chinese food occasionally, stuff like that). I just don't want to get myself into trouble by ATM withdrawals every other week or so.

[ROB37LAW]

Get cash back when you buy groceries. It will not show up as an atm withdrawal. It will just be added to your overall grocery bill.

[loser104]

Guess I could do that, but does THAT look suspicious when my grocery bill increases from $100/week to $200/week? Seems like this presents a similar problem, or maybe I'm just reading into this too much.......

[jadams]

Keep receipts.

Then if the Trustee decides it's a problem you can substantiate what you used it on and show that it went towards various expenses and not a nice lump you're hiding under your mattress.

You are allowed to spend money.

I would avoid adding cash back amounts at the grocery store if that's not your normal behavior. Just do what you normally do.

But it's unlikely the trustee is going to be concerned about $100-200 ATM withdrawals every few weeks unless other information in your case makes him/her suspicious that there's something more going on.

They are going to glance at your statements and see if anything sticks out as suspicious (sums of money going in or out that aren't reasonable considering the income and expenses on your petition). They won't be detailing every single transaction. (But if you keep the receipts, it won't matter if they do)

[albacore44]

And it depends where your located.here in So cal the trustees are so busy i hear they dont even look at your bank statements. people are being herded through the courts like cattle here

[loser104]

They will only be looking at the last 90 days before filing anyway, correct??? So my ATM withdrawals outside of those 90 days will not even be seen by the trustee, as long as I don't give them reason to look back farther, correct???

[lrprn]

They will only be looking at the last 90 days before filing anyway, correct??? So my ATM withdrawals outside of those 90 days will not even be seen by the trustee, as long as I don't give them reason to look back farther, correct???

Some trustees want to see the last six months of paycheck receipts before filing, and also will ask for proof of expenses that exceed the norm for your area or are over the required figures for the Means Test.

However, $100 ATM withdrawals aren't likely to cause a blip on the radar.

If you want to get away from the ATM withdrawals and also create a track record for exactly where your cash is going, apply for a debit card from your bank or credit union and use that instead of the frequent ATM visits.