What to Expect...

[nikkie876]

Okay, I might be overlooking it but I haven't found anything in other threads. What should I expect to happen between the time we file, the 341 and discharge? Are there any 'do's and don'ts' during the time frames?

I plan on keeping my head down and just try and keep business as usual, like buying the typical necessary items (food, household items, etc) I will have to buy some back to school items for the kids.

I know the obvious is not to get any new credit, which I don't plan on doing....I guess I'm just getting worked up and worried that I will be 'watched like a hawk' and have to explain every minor purchase. I want to ensure I follow the correct path to ensure I am successful. Thanks for all your help!!

[ccsjoe]

I would also appreciate knowing the answer to this. Anybody please?

[Freddy03]

Me too - I'm assuming Christmas will fall within our discharge time.

How does that work?

[nceguyfromne]

Okay, I might be overlooking it but I haven't found anything in other threads. What should I expect to happen between the time we file, the 341 and discharge? Are there any 'do's and don'ts' during the time frames?

I plan on keeping my head down and just try and keep business as usual, like buying the typical necessary items (food, household items, etc) I will have to buy some back to school items for the kids.

I know the obvious is not to get any new credit, which I don't plan on doing....I guess I'm just getting worked up and worried that I will be 'watched like a hawk' and have to explain every minor purchase. I want to ensure I follow the correct path to ensure I am successful. Thanks for all your help!!

Just use common sense and you will have nothing at all to worry about. My family's spending habits did not change at all before, during or after the BK. By the time I filed, I had long since stopped using my credit cards and our household had adjusted to cash-only finances. We bought the things we needed, wanted and even desired, as long as they were within our budget. The trustee is not going to care if you have an expensive grocery week, spend a couple hundred dollars at Target for your kids' school supplies or go out to dinner a few times. What he is going to be looking for is a $5000 debit for a trip to Disney World or a bunch of mysterious deposits indicating you may have other sources of income not disclosed in your petition. To give you an idea of the "scrutiny" my trustee gave me, my 341 literally lasted 90 seconds. There were 7 other filers in the room with me all scheduled to have their 341s in the same half hour time slot. He flipped through my petition at a rate of about 2 pages per second and asked me 4 or 5 "yes or no" questions along the way. Those were the only 4 or 5 questions I ever got through the entire bankruptcy process. I am sure others' experiences may vary somewhat, but hopefully that gives you an idea.

[screentest]

I would be very cautiouse with expenses and income until the case gets a resolution or discharge.

When I entered the process, I firmly believed in the notion that Bk was a "snapshot" on the day you filed and a rear-looking period over the previous 6-months. I was led to believe by my own attorneys and other posters that as long as I didn't win the lottery I could go about living as best I could without worrying about "numbers" anymore. I am over the median and every dollar counts in this case.

Having virtually no extra money to live on and desperate to pay insurance premiums due and some school expenses for my kids....I took 2 days of overtime in July, one week after we filed. Three weeks later the US trustee steps in and wanted all pay stubs for the month of July. This is NOT supposed to be part of the look back but now it is. Not only did I have overtime but July is a 3 paycheck month and now I am getting challenged.

We have a long way to go until resolution but if I had to do it over again...I would not adjust ANYTHING until after the discharge. My attorneys are going to offer August and September pay stubs to the trustee to demonstrate the overtime and extra check were a one-time event. Even though I have no assets to save and very little if any priority debt, I am probably looking at getting converted into a Chapter 13...all because of July.

We shall see.

ST

[billycool]

I can't imagine you'd get converted to a 13...

...just because of some post-filing overtime pay. I guess the trustee is looking at the overtime not as part of the look-back (means test), but as part of the second test, the 'totality of circumstances' test....in other words, will you be working for and receiving more overtime in the future, and can the trustee therefore make the case that your income numbers *going forward* will be higher, thus possibly failing you on totality of circumstances.

If you don't have much of a history of overtime, then I'd think you would be okay. The UST is just trying to make sure that you weren't fudging and not working overtime only during the look-back period in an effort to depress your income. I was way over median and work on commission, so I guess theoretically have the ability to control what I earn.....so the trustee asked for paystubs right up until discharge, which I only received after several stressful weeks and one Motion to Dismiss...........anyway, your larger point of remaining diligent about income/expenses long after filing is spot on.

Not trying to get your hopes up, but as long as you don't have a pattern of overtime pay, I don't see this as being a big issue. Hang in there.

I would be very cautiouse with expenses and income until the case gets a resolution or discharge.

When I entered the process, I firmly believed in the notion that Bk was a "snapshot" on the day you filed and a rear-looking period over the previous 6-months. I was led to believe by my own attorneys and other posters that as long as I didn't win the lottery I could go about living as best I could without worrying about "numbers" anymore. I am over the median and every dollar counts in this case.

Having virtually no extra money to live on and desperate to pay insurance premiums due and some school expenses for my kids....I took 2 days of overtime in July, one week after we filed. Three weeks later the US trustee steps in and wanted all pay stubs for the month of July. This is NOT supposed to be part of the look back but now it is. Not only did I have overtime but July is a 3 paycheck month and now I am getting challenged.

We have a long way to go until resolution but if I had to do it over again...I would not adjust ANYTHING until after the discharge. My attorneys are going to offer August and September pay stubs to the trustee to demonstrate the overtime and extra check were a one-time event. Even though I have no assets to save and very little if any priority debt, I am probably looking at getting converted into a Chapter 13...all because of July.

We shall see.

ST

[ccsjoe]

OK, so does anybody know the bottom line as to how long we have to live minding our expenses and income post filing---through the 341, through the discharge, or for 180 post filing?

[billycool]

realistically, for most people, it's through 341, but.....

....if you're over-median, or there are any potential flags whatsoever, I'd say through discharge. As a general rule of thumb, I'd say through discharge.

OK, so does anybody know the bottom line as to how long we have to live minding our expenses and income post filing---through the 341, through the discharge, or for 180 post filing?

[ccsjoe]

Yes, we are 15K over median. Thanks

[screentest]

Yes, I would agree. Through discharge..at least that is what I am doing through the rest of this.

ST

[brokejoker]

I don't know if there's a definitive answer but the only thing we changed after filing was we used our debit card for all our purchases to make sure there was a paper trail. Before that we drew out cash every payday to live off of. All of our fixed expenses are the same and I actually spent a little more than normal at the grocery store and for clothing since the kids went back to school this week. We were not asked for current bank statements or paychecks for our 341. They just took the stuff as of the date we filed.

We were under median if that helps.

[angles]

Did anyone have to supply his or her bank statements after the date of filing or just pay statements in some cases?

[ccsjoe]

Can't say from my own experience, but according to my atorney, yes, some trustees depending on the case and preferences will ask for statements and/or pay stubs from filing date to 341 date.

[empowered]

The documents that I must supply to my trustee *include* the date of filing, but also include time after it. In other words, I have to supply the bank statement for the cycle that includes the filing.