Spending between filing date and 341 meeting

[tonyk81]

I seem to have an attorney that is not too good about returning phone calls and emails... I am filing chapter 7 in St. George, Utah.

Will the trustee be looking at how money is spent after the filing date and between the 341 meeting?

If we spent post-filing money to go see family, etc. and included airfare or hotels is that going to raise a red flag, if it is done after filing, but before the 341 meeting?

[BAR]

Well if the trustee looks/asks for the most recent and going back 6 months (like mine did) of your statements, he will see the amounts spent on airfare and living expenses while you are away on vacation (now if a family member is dying or is very ill I dont know how that applies). He may say that money could have been used to pay creditors, instead of taking a vacation. But I really dont know but common sense tells me a vacation in the middle of a bankruptcy isnt a good idea. Also what if the lawyer calls and the trustee wants additional papers submitted, do you tell him you cant send them until you are back from vacation?

[tonyk81]

Yes I see where you are coming from. Our filing date is going to be April 4. So I know that we have to really watch how the money is spent before April 4 but wasn't sure after the filing date. However, yes I think it would be good just to play it safe between April 4 and the 341 meeting just in case they ask.

[BAR]

I would play it safe until discharge too. You dont want to be caught with your pants down a week before discharge and then the trustee dismisses your case that would not be good.

[discombob1]

I would play it safe until discharge too. You dont want to be caught with your pants down a week before discharge and then the trustee dismisses your case that would not be good.

I agree. At my parents' 341 meeting was a couple who were back after their first 341 was continued. After the 341 they went on vacation and spent several thousand dollars. The TT grilled them about it and mentioned the UST before they were done. I agree if someone is very ill or there is a funeral it may be ok, but common sense says be safe rather than sorry. How much were planning on spending?

[discouraged]

I don't get this one either. For example: the case manager/aide to my attorney told me I could spend whatever I wanted because they exempted all of it. I don't have that much - couple thousand, most of which I am keeping in case unemployment runs out before I find a job. But, there was a sale on an hp printer, my printer died right after I became unemployed (Oct 2008). The printer on sale was only $25 (couldn't believe it!) and then my monitor finally gave up the ghost, it was given to me second hand 10 years ago so I guess it was about time, and there was a monitor on sale for $99. I did go ahead and buy these things. Was that stupid? My 341 is April 1st.

I could return the monitor and just do without a computer until then I suppose. Any advice?

[daylate]

Discouraged- I think you will be ok. There is a big difference between spending $125 and several thousand.

[discouraged]

Well, that's true and anyone who looks at my bank statements can see I basically shop at thrift stores for clothes, etc. I swear, these are the newest things I've bought in years! It's just the timing stinks.

My lawyer did say they don't expect you to live in poverty while going through bk, you can spend normally so I suppose sticking by the guidelines/allowances of what your state says you can spend, the same guidelines used to fill out the forms would probably be the best way to do things. Then if extra things come up (printer, etc) and it can be explained, it does not constitute abuse.

Is that a fair statement? It does make sense I think.

Does this logic make sense to you, TonyK? Just keeping a low profile until after the discharge? Then you can go see your family and I can finally spend some money, lol.

It is hard though, after being so frugal while saving money for the lawyer, it feels as if a person has been deprived for so long - but - there is a rainbow at the end of this tunnel!