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    ? about bank account balances the day of filing

    We have an appt with out atty tomorrow at 5pm to sign and file (FINALLY!) My question is do we take the amount in our accounts from the morning or just before we file. Obviously we both fill up our cars and pay other things throughout the day. Our atty says its not our check register we use but what the bank shows we have. We rarely use checks so everything we pay for should show up right away. I'm just wondering if we should spend what we can today to make sure our balances are low for tomorrow or can we still get away with spending money tomorrow as well. Sorry if that sounds confusing.lol
    Filed Chapter 7 Bankruptcy 4/13/2011....................... awaiting our 341 meeting scheduled for May 31st 2011

    #2
    I would fill up the cars, buy groceries, etc today and not tomorrow. Your banking statement the day you file is what the trustee will want to see.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      I filed bk Friday, just received an email letter request from trustee yesterday. He wants last 4 months bank statements plus the statement up to and including the day that we filed. I went grocery shopping & spent down all but 39. the day before, use debit card only do not run it as credit, as it will not show up immediately when you run it as credit. Also he asks for copies of canceled checks for over $600. for the last 90 days, to anyone including creditors.

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        #4
        Originally posted by ruttie View Post
        I filed bk Friday, just received an email letter request from trustee yesterday. He wants last 4 months bank statements plus the statement up to and including the day that we filed. I went grocery shopping & spent down all but 39. the day before, use debit card only do not run it as credit, as it will not show up immediately when you run it as credit. Also he asks for copies of canceled checks for over $600. for the last 90 days, to anyone including creditors.
        Wow - FOUR months of bank statements? Is taht normal?

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          #5
          Originally posted by ruttie View Post
          I filed bk Friday, just received an email letter request from trustee yesterday. He wants last 4 months bank statements plus the statement up to and including the day that we filed. I went grocery shopping & spent down all but 39. the day before, use debit card only do not run it as credit, as it will not show up immediately when you run it as credit. Also he asks for copies of canceled checks for over $600. for the last 90 days, to anyone including creditors.
          Wow - FOUR months of bank statements? Is taht normal?

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            #6
            actually I think this is the least they ask for, alot of the trustees ask for 6 months

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              #7
              Is that district specific? We're doing a Ch 13 and ZERO word about bank statements from lawyer.

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                #8
                Originally posted by IamOld View Post
                Is that district specific? We're doing a Ch 13 and ZERO word about bank statements from lawyer.
                Most attorneys (and trustees) want to see recent bank statements. It may differ district to district in how many they want to receive. Just an aside, you and tobee43 have some similar writing styles that I always have to glance to the left and see who posted! LOL!
                Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
                I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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                  #9
                  I gave my attorney six months bank statements. I will be filing this month and they are going to see the attorney's fees come out (if they ask for this months bank statement). I wonder if that will cause any problems.
                  Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11

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                    #10
                    I had to submit 6 months of bank statements and 6 months of pay stubs.
                    Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
                    Deadline to File a Complaint: March 8, 2010

                    Discharged and Closed March 11, 2010

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                      #11
                      I had to submit 6 months bank statements, unemployment for a year and the paystubs from my temporary job (was less than 4 months) along with 4 years of income tax records. It is a good thing for your records to indicate the payment to the lawyer I believe. At least it was in my case, although it did stop my getting a reduction in the court costs as the trustee said if I could pay the lawyer that much (1750), I could pay the 299 court costs. I told the paralegal who filed for the reduction that it wouldn't fly but he had me apply for it anyway.

                      In my case, it was to my benefit to send all these as it clearly showed I was not working full time and that I had no assets. Also showed the decline in my income from 38,000 to next to nothing, which made the question of why I had to file a moot point. It also showed I was just surviving and obviously not living high on the hog, so to speak.

                      Also,the bank statement showing the attorney payment made it obvious where my money went and why my savings was so low, since I was not paying my mortgage or credit cards.
                      Last edited by discouraged; 04-12-2011, 09:09 AM. Reason: addition

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                        #12
                        they will definately ask for the bank statement up to the date you file. In our state you can have no more than $150/$300 couple in your bank acct. or the difference is subject to the trustee as an asset. The attorney fee's are an allowed expense

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                          #13
                          Originally posted by CCBmama0f3 View Post
                          We have an appt with out atty tomorrow at 5pm to sign and file (FINALLY!) My question is do we take the amount in our accounts from the morning or just before we file. Obviously we both fill up our cars and pay other things throughout the day. Our atty says its not our check register we use but what the bank shows we have. We rarely use checks so everything we pay for should show up right away. I'm just wondering if we should spend what we can today to make sure our balances are low for tomorrow or can we still get away with spending money tomorrow as well. Sorry if that sounds confusing.lol
                          This is a good question my sttorney said that he would exempt what I had in the bank account the day of filing which is about $600.00 that I have for my May's mortgage payment. I hope he is right and we dont have any issues.

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                            #14
                            Thanks everyone! So I'm then amazed that atty hasn't said anything..maybe they're waiting for next week. At least in my state the exemption is $2K per person for "cash." Not that I'm even close :-) (Wish I were)

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                              #15
                              We have about $300.00 in our checking account and $360.00 in my credit union account. Do you think this will be a problem? Is it ok to use all that money today on say clothes and odds n' ends? Will they look at how I spent this money?
                              Filed Chapter 7 Bankruptcy 4/13/2011....................... awaiting our 341 meeting scheduled for May 31st 2011

                              Comment

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