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Trying to understand some notes about (post) filing at our last attorney meeting

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    Trying to understand some notes about (post) filing at our last attorney meeting

    Read The Background story here

    Anyway: I was going over our paperwork and checking my notes, and I can't figure this one out: Our attorney said that any assets gained after our filing date (4/21/11; 341 schedule for May 23rd 2011) was not part of the Ch. 7 filing and didn't have to be reported or amended on our schedule of property (same with debts). So long as we didn't finance or use credit, it didn't matter what we bought so long as the funds didn't just suddenly appear from no where (ex he used a big uptick in our back balance that was massively above our 6 month average and no explanation for the money).

    I thought we were suppose to report any thing before the 341. My attorney says we don't. So I'm confused.

    #2
    The schedules of your petition is a snap shot of your financial situation on the day of filing. So, events occurring after you file do not require an amendment. You amend your petition only if you discover something on it was inaccurate as of the date of filing.
    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


      #3
      Your case is based on your situation on the day you file. But if the trustee at the 341 asks about something that occurred post-filing, you need to answer honestly, as you'll be under oath.
      This post does not constitute legal advice. If you use my advice in place of a lawyer, God help you.

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        #4
        That's what I figured: Nothing to hide, we had a wreck, we replaced the car, the "case" is ongoing. There really isn't much to tell the trustee if he/shee asks. Our attorney said if they god beyond clarifying a few details (which is common) they'd be a bigger issue than a wreck and a old van; we should be a gavel through case (his words)

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