Money received after filing but before 341

[lalap123]

Finally broke down and asked my parents for some help in paying bills, which I've never done before in my adult life and felt HORRIBLE about, but that's neither here nor there.

Is it going to be a problem that I will have received a couple thousand dollars (in check form) and deposited in into our account two weeks prior to my 341? It will be nearly all used by the meeting, really it's more to help us get caught up on basic living expenses and bills. Do I need to keep receipts? Will this be a problem for me and do I need to tell the trustee at the 341?

[drowningNdebt]

The trustee will ask you have you or are you expecting any money from any lawsuits, death benefits, etc. You will have to say yes and whom gave it to you and when. I would keep all receipts on what the money was used for, bring a copy of the check and a recent bank statement to your 341.

[music12]

i don't think money you got from family after filing is something you need to report at all, unless it was inheritance, which it wasn't.

[AngelinaCatHub]

i don't think money you got from family after filing is something you need to report at all, unless it was inheritance, which it wasn't.

I have to stronglly disagree. One of the questions other than above is "has anything changed" since the schedules were submitted. May not be exact wording but by all means they do NOT want to hear anything that could be misconstued as fraud.

If this OP does not tell all the facts, and it is found out (and I am a member of the 2004 club) the Trustee may have a 2004 hearing. It is not a comfortable thing. It cost us $5,000.00 of stupidity. This OP if not dismissed, may have to pay it to the Trustee.

I would advise to tell it all, bring the copy of the check and a bank statement in as to what was paid. If it was ALL for exempt expenses to keep the people afloat, it WILL be forgiven. If any attempt not to disclosed is detected, there would be no mercy. Only my opinion. 'Hub

[lalap123]

Good advice. I won't worry too much about having to report it b/c I know it will go towards household bills only. I'll make sure and bring the statements with me to show the trustee if asked.

A related question...I was planning on depositing this $2000 check into my bank account with Wachovia, however, I realized that they were bought by Wells Fargo not long ago. I still get statements saying Wachovia, and when I go by my local branch it still says Wachovia, but I know that people have posted in reference to WF freezing accounts. Is the risk of having funds frozen only on the day of filing, or can they still do this several weeks after my filing date? I do have a car loan with them as well, but it's caught up and not in default and I'm planning on reaffirming the loan.

I took the check by today to deposit it, and after looking at it and at my account they said it would take until the 10th for the funds to clear and be available b/c the check is a personal check from out of state. I didn't go through w/ the deposit b/c I began to think it might be a problem since they are technically WF and since I have another loan with them. Would they have to tell me upfront if for some reason they could see that I'd filed BK and they were going to freeze the funds? Is this just too risky? How else can I cash/deposit this check???

[music12]

i would stay away from depositing it since it's a risk with WF, especially since you have a loan with them (even if you are not in default).

you can try to cash it at any place that cashes checks, though you'd pay a fee. you can return it to your parents and ask them to get it in a money order, then cash the money order at a postoffice or westernunion or the like. or you can try to open a new account elsewhere and use that instead. a bank that lets you open an account after you filed won't be freezing your money afterwards. so, you have options!

[backtoschool]

Trustees look extra carefully at money given to or from relatives. You may get asked questions if the trustee looks at your bank statements but if you say it is a "gift" and not a loan there is little they can do other than ask about it.

[mtbc]

I'm struggling to see what problem a one-off exceptional payment between chapter 7 filing and 341 could cause, unless it's one of those weird things like inheritance. So long as it wasn't already due to you before filing (in which case it's possibly an asset of the bankruptcy estate), and isn't so enormous as to push you out of chapter 7 on "totality of circumstances" in terms of you now being able to pay off a good chunk of your debt, how could what it was used for affect your case? What could the trustee do if you blew it all on liquor and loose women? Obviously, don't lie about it, but why would a trustee care how it was spent? (By the way, our trustee didn't even ask about post-filing circumstances.)

[nickifan]

I'm struggling to see what problem a one-off exceptional payment between chapter 7 filing and 341 could cause, unless it's one of those weird things like inheritance. So long as it wasn't already due to you before filing (in which case it's possibly an asset of the bankruptcy estate), and isn't so enormous as to push you out of chapter 7 on "totality of circumstances" in terms of you now being able to pay off a good chunk of your debt, how could what it was used for affect your case? What could the trustee do if you blew it all on liquor and loose women? Obviously, don't lie about it, but why would a trustee care how it was spent? (By the way, our trustee didn't even ask about post-filing circumstances.)

Um...what exactly is a "one-off"? I've seen that term here before and have not been able to figure it out.

[mtbc]

http://www.merriam-webster.com/dictionary/one-off

limited to a single time, occasion, or instance

My point being, basically, a payment that doesn't affect the forward-looking expected monthly income listed on Schedule I.

[nickifan]

Thank ye kindly.