Ohio Chapter 7 Trustee letter of request

[tianh2002]

Hello everyone,

I'm filing chapter 7 pro se in Ohio. I just got a letter from the trustee. Here is his request:

1. Copies of all bank statement (ALL PAGES) for each account in the debtor names for the three months before the bankruptcy filing date continuing through the bankruptcy filing date.
2. Copies of the debtor first two payroll check stubs received after the bankruptcy filing date.

I'm not so sure how to return these docs above. For request #1, do the trustee only want the bank statement prior to the filing date? because my bank statement include the period after the filing date also. So if I give the trustee my current bank statement, it will show different balance amount when I put in my Schedule B.

For request #2, since the bk filing date, I only received one pay stub. But the trustee request 2 pay stubs. What should I do now?

Please help me. Thanks

[justbroke]

For the first, you can ask the bank to run a balance up until the day you filed, unless your post-filing statement shows "daily" balances. The Trustee is trying to see exactly how much was in your account the day you filed.

As for #2, provide the first one, and then provide a letter (affidavit) indicating that only one was received as of the date of the Trustee's request and that you will provide the next payroll stub within a reasonable time period, after it becomes available.

[tianh2002]

In his request #1, stated that bank statement for the three months before the bankruptcy filing date continuing through the bankruptcy filing date. So does it mean the cut date is the bk filing date. I don't know what this statement means "continuing through the bankruptcy filing date".

Please clarify that statement for me.

Thanks

[blockhead]

Probably means

..the latest statement that includes the filing date. e.g. if the filing date was Feb 20 and the last statement was Feb 15, the he wants to see the Jan16-Feb15 AND the Feb16-Mar 15 statements - at least that's my take.

[justbroke]

In his request #1, stated that bank statement for the three months before the bankruptcy filing date continuing through the bankruptcy filing date. So does it mean the cut date is the bk filing date. I don't know what this statement means "continuing through the bankruptcy filing date".

Please clarify that statement for me.

I just did. What the Trustee wants is your running balance (debits and credits) through the day you filed. if your Statement, which was generated after you filed, contains that running balance, then submit that. As I wrote earlier, if your statement doesn't contain that running baalnce information, then you can go to your bank and ask for a printout of the running balance up to the day you filed.

[tianh2002]

Thank you for helping me.
Let's say my filing date is Feb 9, 2010. But my bank statement run through Feb 16,2010. So should I give the trustee that statement, or should I ask the bank to give me the running balance from Jan 9 to Feb 9.

BTW, I try to use the transaction history for my online bank account, but it's only give me the transaction debit and credit but not the actual balance. So could I use the transaction history to give it to my trustee.

[justbroke]

Thank you for helping me.
Let's say my filing date is Feb 9, 2010. But my bank statement run through Feb 16,2010. So should I give the trustee that statement, or should I ask the bank to give me the running balance from Jan 9 to Feb 9.

Yes, if that statement shows a daily running balance. Otherwise, your Trustee won't be able to tell what your balance was on the date of filing. That's why I suggest that if your statement doesn't readily, and easily, show the running balance, which most do, then just ask your bank. for a statement through 2/9/2010.

BTW, I try to use the transaction history for my online bank account, but it's only give me the transaction debit and credit but not the actual balance. So could I use the transaction history to give it to my trustee.

No. Since the history doesn't show the actual balance, it's pretty worthless to find out how much you had in the account the day you filed. On the other hand, it does help the Trustee assess what you have been spending money on and whether you made any large withdrawals (and/or deposits) in the months before filing.

[tianh2002]

The trustee requested 3 months worth of bank statement. So should I ask the bank to give me 3 months worth of my bank account running balance since the bk filing date? OR I can just get one month of my bank account running balance from my bank since the bk filing date, and the rest of 2 months, I just print out my online statement?

[justbroke]

The trustee requested 3 months worth of bank statement. So should I ask the bank to give me 3 months worth of my bank account running balance since the bk filing date?

Statements are periodic. So, take the Statements that you have, or get from on-line, which cover the period requested and submit those. On top of that, have the bank run a running balance for you up to and including the day you filed. Submit that.

OR I can just get one month of my bank account running balance from my bank since the bk filing date, and the rest of 2 months, I just print out my online statement?

Exactly.

[music12]

why does this trustee ask for paystub from AFTER filing? i thought anything you make after filing is yours, so why do they need to see that?

[justbroke]

why does this trustee ask for paystub from AFTER filing? i thought anything you make after filing is yours, so why do they need to see that?

It's called totality of circumstances. They are trying to see if you "timed" your bankruptcy before a big raise or bonus. That's the only thing I can think, and yes, that post-petition money would be "protected" but it wouldn't protect you from a motion to dismiss for totality of circumstances.

[music12]

i see! so they are just looking for trouble... i guest it's their job. in my district, they asked for paystubs from prior to filing, nothing after.