forms submission - income...

[TW in CO]

Getting forms ready for submission to court.

As far as paycheck stubs, evidence of wages, etc. - I am self-employed and my customers pay me by personal check or cash. Do I need to show this stuff?

I obviously don't have copies of any checks given to me in the last 60 days. How do I satisfy this requirement? Or if I even have to.

Bank statements is about all I have except for copies of invioices.

Any input on this? Thanks.

[bkfiler]

good questions with the new laws an everything.

if required to submit then your quarterly tax papers might work. i might call the court clerk and ask to see what they want.

[StaciMM]

Not sure really. This is an area that is new w/ the 10/17 changes. Having to show document income for the past 6 months, submitting tax return to the trustee, etc. I'm not sure of how and when it must be submitted, or what substitute self employed filers have. I do know that if the right things are not submitted at the right time-the case is to be dismissed. This is the area that makes me nervous about filing pro se now.

[RickD]

After obtaining your counseling and doing the means test be sure to have a look at pages 13, 14 and 15 of the following link:

http://www.abiworld.org/pdfs/s256/yerbich.pdf

You need to comply with "debtors duties" section 521(a)(1) of the new code. One of the items that may trip up alot of debtors is the one where they now require you to attach 60 days worth of paystubs to your Statement of Financial Affairs. They call this item "Payment Advices".

I am following some new cases in Connecticut where even attorneys are forgetting to do this part. The courts are issuing deficiency notices and I presume that they will dismiss all the cases that don't follow 521(a)(1) to the letter.

Rick

http://www.bcande.com/bankruptcy.html

[TW in CO]

How about a copy of 2005 IRS 1040 return? All schedules included.

[RickD]

Bank statements are ok. There are 2 aspects of proving income. One is evidence of last 60 days income attached to the statement of financial affairs and the other is proof of the most recent 6 months worth of income which is used for the means test. Here, if you are self employed, bank statements will suffice. They may want to see proof of your deposits. Invoices will also be ok but they will see deposits to your bank account and count that as income if you are self employed. Some self employed people (ie: real estate agents for example) can get a statement from their employer stating how much was earned in the most recent 6 months.

[renee49]

You might also want to check with your bank for copies of your deposits. Our bank scans checks, deposits, etc., and we can download them online.

[cpw111]

I read somewhere on the internet the trustee needed your prior years tax return 5 or 7 days before the 341 meeting. I hope this is incorrect because my attorney told me to bring it with me at the 341 meeting. Anyone know for sure?

[bkfiler]

its up to the trustee. the attorneys should know what the trustees want. make sure you only give a copy and that you attorney sees anything before you give it to the trustee.

[RickD]

cpw111,

Notice at the top of page 15 of the link I provided earlier in this post that tax returns are due to the Trustee not less than 7 days before the creditor's meeting. Here in Connecticut the Trustees will cut you a break on this one. It is relatively minor but you should follow the rules as close as possible. Have another look at pages 13, 14 and 15 "the debtor's duties" of this link.

Good Luck

[cpw111]

That is what I read somewhere else. I will consult my attorney immediately because my 341 is the 24th of this month. I would like to assume they know what they are doing considering there are 16 of them and they file the most in the state. But we all know what happens when you assume something with an attorney.