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    Need advice asap!

    Doing my own BK, used a online jobber to help with the paperwork. Had my 341, and the trustee asks for biz tax returns and bank statements. Problem is with the bank statements. Took money out right before filing, as I was afraid of my account being seized by creditors. They had really turned up the heat, and even pulled a vehicle out of my driveway without me even knowing it! Heard horror stories from folks about accounts being seized/garnished. Really bad timing tho, and never even thought about it as per the BK deal. NOW I am worried, as those withdrawls will show on my account, and I still had some money on hand to pay mortgage etc. but did not answer the trustee question right, as I was not even thinking about this (and was not prepared for what questions I would be asked) when I was asked how much cash on hand at time of filing? Since I am now being asked for these 2 items, can I just not submit them...and let this die a natural death, and then start over again? I see people talking about ammendments, but much of the withdrawn money has been used on bills, food, etc. but no receipts. Not sure what to do, and didn't know how this whole process worked. I am an honest person, who feels in over the head right now, please..any advice?

    #2
    Originally posted by bummedout View Post
    Doing my own BK, used a online jobber to help with the paperwork. Had my 341, and the trustee asks for biz tax returns and bank statements. Problem is with the bank statements. Took money out right before filing, as I was afraid of my account being seized by creditors. They had really turned up the heat, and even pulled a vehicle out of my driveway without me even knowing it! Heard horror stories from folks about accounts being seized/garnished. Really bad timing tho, and never even thought about it as per the BK deal. NOW I am worried, as those withdrawls will show on my account, and I still had some money on hand to pay mortgage etc. but did not answer the trustee question right, as I was not even thinking about this (and was not prepared for what questions I would be asked) when I was asked how much cash on hand at time of filing? Since I am now being asked for these 2 items, can I just not submit them...and let this die a natural death, and then start over again? I see people talking about ammendments, but much of the withdrawn money has been used on bills, food, etc. but no receipts. Not sure what to do, and didn't know how this whole process worked. I am an honest person, who feels in over the head right now, please..any advice?
    where did u put the money u took out?
    that money is yours.i think that as long as u didn't give it to a family member or a friend and u spent it on day to day expenses u should be fine.
    Filed chapter 7 on 9/17 341 on 10/20
    Chapter 7 Trustee's Report of No Distribution on 10/21
    Discharged and Case Closed on 12/21/2010

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      #3
      It sounds like you had cash on hand that you didn't list as an asset on your petition. You should probably amend your schedules to list the cash and exempt if it you have an exemption available to cover it. If you can't exempt it, you may have to pay an equal amount to the trustee to distribute to creditors. If you can exempt it, what you spent it on after you filed is irrelevant.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Originally posted by bummedout View Post
        Doing my own BK, used a online jobber to help with the paperwork. Had my 341, and the trustee asks for biz tax returns and bank statements. Problem is with the bank statements. Took money out right before filing, as I was afraid of my account being seized by creditors. They had really turned up the heat, and even pulled a vehicle out of my driveway without me even knowing it! Heard horror stories from folks about accounts being seized/garnished. Really bad timing tho, and never even thought about it as per the BK deal. NOW I am worried, as those withdrawls will show on my account, and I still had some money on hand to pay mortgage etc. but did not answer the trustee question right, as I was not even thinking about this (and was not prepared for what questions I would be asked) when I was asked how much cash on hand at time of filing? Since I am now being asked for these 2 items, can I just not submit them...and let this die a natural death, and then start over again? I see people talking about ammendments, but much of the withdrawn money has been used on bills, food, etc. but no receipts. Not sure what to do, and didn't know how this whole process worked. I am an honest person, who feels in over the head right now, please..any advice?

        I can tell you from experience (as a bankruptcy case manager) that it is normal for a trustee to ask for tax returns and bank statements who own a business. They must be provided. I would give the trustee what he asks for and let him review the documents. If the question comes up where did the money go be honest with him and let the trustee know that you were afraid that the creditor would garnish or attach your bank account. Let him know that the money was spent as you said to pay bills and utilities. There's no problem in spending money before the filing if it was for the benefit of your living expenses. Examples would be buying groceries and paying your electricity bill. These are things that will need to be paid to survive. As long as you didn't use the money to go gambling or on a vacation trip you are fine. If you let the case dismiss over this then it was a complete waste of time and not to forget your filing fees were a waste as well. I would hate to see that happen. If the trustee wants you to amend the petition its very simple and very easy. I hope this helps.

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