Assets but financial situation changed.

[peppymom]

Our case is filed and trustee will probably take our tax refund and a small account my husband has. We had 341 but it was continued pending more bank statements, since then my husband and I are both out of work on disability. I am recovering from surgery due to this injury. Should we tell our attorney this or will it cause more trouble.

[backtoschool]

Did your financial situation change for the better through the joint disability or for the worse? If you already met the eligibility for the means test and a chapter 7, and your income went down and not up, then there is no need to change your paperwork, since your income on the date of filing is what matters. If your income went up considerably then you should at least speak to your attorney about the situation.

The fact that you are an asset case, and that the trustee wants to see your bank statements to look for more assets, has nothing to do with your income. Your change in income should not affect the processing of your asset case at all.

[LadyInTheRed]

I agree with backtoschool's response, but wanted to comment on the following:

Should we tell our attorney this or will it cause more trouble.

You should never keep something from your attorney because you think it might cause more trouble. If something has the potential to cause trouble in your BK, it is important that your attorney knows about it so he/she can best protect your interests. That's what you pay an attorney for.

[sunshinepa]

LadyintheRed is absolutely correct, do not keep anything from your attorney. Most problems seem to arise where folks are not honest about situations. With a continued 341, you want your attorney to be up to speed on any/all changes. Honesty is always the best policy.

[catleg]

Are you entitled to a lump sum of back pay for disability?
This is something you may need to protect, I guess it depends on whether it is pre or post petition.