Things to bring to the 341...

[JEM]

These are the items listed in the Federal Rules of Bankruptcy Procedure 4002 so it's totally routine to be asked for them. Nothing to worry about.

Wondering about something last night...what are they looking for on the most recent paystubs? Since it's not included in the 6 months look back...

Dh sold a couple vacation days, but they were in Jan., and our lookback was July-Dec. Now, I'm wondering if the trustee will make a big deal about that, since it'll show on the paystub we bring in with us?

I mean, his hours and pay are the same, but we needed some extra cash before we got our taxes. Ugh.

[debee]

The only thing with vacation days that I'm aware of is that technically speaking they can be viewed as "earned but unpaid income" at the time of filing. Wages/salary earned post-filing is totally yours, but what was earned prior to filing becomes part of the bankruptcy estate and has to be exempted to be kept.

So although you rec'd the money post-filing, it was earned pre-filing. It's nothing to worry about as it won't affect your discharge, but it's possible (worst case scenario) that the trustee will want his 25% (or whatever) cut. Not so bad really, and not all that likely either as from most accounts it's very rare for the trustee to bother going after it.

Make sure to come back and let us know what happens, JEM.

[JEM]

The only thing with vacation days that I'm aware of is that technically speaking they can be viewed as "earned but unpaid income" at the time of filing. Wages/salary earned post-filing is totally yours, but what was earned prior to filing becomes part of the bankruptcy estate and has to be exempted to be kept.

So although you rec'd the money post-filing, it was earned pre-filing. It's nothing to worry about as it won't affect your discharge, but it's possible (worst case scenario) that the trustee will want his 25% (or whatever) cut. Not so bad really, and not all that likely either as from most accounts it's very rare for the trustee to bother going after it.

Make sure to come back and let us know what happens, JEM.

I guess if he did, the attorney could amend the paperwork and exempt it? (He may have, I think he exempted wages in January up to filing) we have PLENTY of room left to exempt a few hundred dollars in vacation time.

[debee]

Yeah, I don't think you need to worry about it. It sounds like your attorney is right on the ball. If you have to turn over any of it, it's going to be miniscule in comparison to the total debt bomb you get to chuck into the sea.

[JEM]

Yeah, I don't think you need to worry about it. It sounds like your attorney is right on the ball. If you have to turn over any of it, it's going to be miniscule in comparison to the total debt bomb you get to chuck into the sea.

For sure!! However, it would be a strain right now--my stupid broken foot is going to make us reach our (my) deductible this year, so we'll be coughing up at least another $500 out of pocket for that. Plus, the 20% for things that insurance won't pick up. We need all the extra we can get. LOL