trustee requesting documents

[StEt0417]

We filed last week. Our attorney sent us a list of stuff the trustee wants prio to filing like documentation of what balance was in bank account day of filing, titles to cars, 3yrs of tax returns/w-2's, car registration, titles, appraisal's, ss card, dl. I assume she wants an appraisal because tow of the 3 cars do not have liens on them

Is it normal for them to ask for documents prior to 341 meeting?

[tobee43]

StEt0417 we were asked for numerous items from the trustees office prior to our 341. actually i got everything in asap and they even emailed me at my personal email address to thank me for getting everything in they requested.

i think what i found was that by getting everything in prior to the 341 it gets all the questions answered and helps to expedite the process. i know i had to show 2 years of tax returns 6 months of bank statements and the trustee's office wanted answers to many questions that i needed to explain.

by the time we got to our 341, there were no questions for her to ask! asked and answered...it lasted only a few minutes and hopefully the same for you

[AZNoName]

I had to turn on most of that stuff before I even filed (except the bank account balance info). Maybe it's quicker to send it in beforehand?

[mountanddo]

I assume she wants an appraisal because tow of the 3 cars do not have liens on them

Wouldn't the blue book value suffice?

[lillymarlene]

Right after filing my chap 13, my homeowner's policy expired and renewed. Then, my trustee requested immediately (via my attorney) copies of all my insurance: health, auto, and homeowner's. 13's are a little different, but I was able to use the Blue Book value for my car.

[btbeme]

StEt0417, this sounds pretty standard-issue. Some advice:

- Car values - get two or three values, from Edmunds.com, Kelley Blue Book (online), maybe a local CarMax store. I like CarMax, because their pricing is very fair, hands-on, and represents the value should you have to unload the car in a hurry (which is a pretty appropriate value most of the time). Print them, take the average of the three, use that value. You might consider a cover sheet for each vehicle to explain the value. Now, don't be too surprised if you get questions about this, because 3 cars, unless one is strictly a work vehicle...well, that sometimes seems to be an easy pickoff for the Trustee. I haven't read your earlier posts to see if you have more details on this, but I will...

- Go to your local bank branch. They can usually get you a balance verification for the day of your filing.

- Titles to cars - this will show any liens. You may want to bring proof of the lien (car payment statements) to your 341 just in case, or include the latest with these documents. Also, you didn't mention proof of auto insurance, but that is usually required as well. Same with registrations.

Organize all the data you are sending, but don't "over-explain" - if the Trustee has further questions, you will get them at your 341. Keep copies of what you send and make sure you have those copies at your 341 just in case. The best things you can say at your 341 are "Yes", "No,", and "I have that right here."

[tobee43]

Wouldn't the blue book value suffice?

that's what we used. i just printed off the price from the computer and gave it to the trustee...no problem.

however, i have heard other trustees want more so btbeme has some good suggestions!

[btbeme]

Wouldn't the blue book value suffice?

Typically this has been just fine in most jurisdictions, but it is becoming more common that Trustees want an "eyes-on" valuation from a local source. Two reasons - this is a big area for fraud, and the used car business is really taking off in the last year or so, so values online may not reflect local values.

I find CarMax to be a valuable resource for hands-on values.

[StEt0417]

StEt0417, this sounds pretty standard-issue. Some advice:

- Car values - get two or three values, from Edmunds.com, Kelley Blue Book (online), maybe a local CarMax store. I like CarMax, because their pricing is very fair, hands-on, and represents the value should you have to unload the car in a hurry (which is a pretty appropriate value most of the time). Print them, take the average of the three, use that value. You might consider a cover sheet for each vehicle to explain the value. Now, don't be too surprised if you get questions about this, because 3 cars, unless one is strictly a work vehicle...well, that sometimes seems to be an easy pickoff for the Trustee. I haven't read your earlier posts to see if you have more details on this, but I will...

- Go to your local bank branch. They can usually get you a balance verification for the day of your filing.

- Titles to cars - this will show any liens. You may want to bring proof of the lien (car payment statements) to your 341 just in case, or include the latest with these documents. Also, you didn't mention proof of auto insurance, but that is usually required as well. Same with registrations.

Organize all the data you are sending, but don't "over-explain" - if the Trustee has further questions, you will get them at your 341. Keep copies of what you send and make sure you have those copies at your 341 just in case. The best things you can say at your 341 are "Yes", "No,", and "I have that right here."

They attorney originally used the kelly blue book value but the trustee has requested that an actual appraisal be done. The attorney said to take it to a mechanic or carmax. I will be doing that today. Yes she did want proof of insurance and proof the car is registered. One of the cars we have doesn't run, it has no engine. It was a car my husband eventually wanted to rebuild but has never had the time or money to do so. I wonder if carmaxx can still give me an appraisal on it. Its not worth me towing somewhere for one. The other car my husband uses to get to work and i use mine for daily driving like taking kids to school, activities etc..

Thanks for the advice!

[btbeme]

My take on this:

Photo proof of the car without the engine will likely be good enough for the Trustee - make sure you get a photo of the VIN number on it so the Trustee can cross-reference that with the VIN number on the title.. Write a short note regarding the vehicle's current description, and include it with the photos. Submit these to the Trustee's office and follow up to see if they still want an appraisal. Carmax will not want it.

Unless the non-working vehicle is some sort of collectible, I wouldn't be concerned. However, if it IS collectible, it has some value (minus towing costs, etc) that can be hard to pin down, so a proper appraisal should be the best way to go.

Worst case - if you come up owing the Trustee, you should consider surrendering the non-worker, if it has value.

[tobee43]

most trustee's will give the opportunity to "buy back" the difference between the exemption of the alloted car allowance and the overage. just in case one worries about keeping their car.

and btbeme, also makes another good point with respect to the "collectable" or at least a trustee may want to view it that way...who knows anymore? i agree though, i wouldn't be real concerned about this, it's really been the "general" practice as opposed to not.

[SunshineGal]

It sounds pretty standard, we had to turn in all that stuff too.

[murphsmom]

Our attorney had us bring all of that stuff before we even filed. He also had us pay for our own professional auction value appraisal on our boat. We had everything filed with the bk documents, the trustee needed nothing further. Our attorney was a BK Trustee for many years in this area, and knew exactly what they were going to ask for.

[crackedmuse]

We had everything filed with the bk documents, the trustee needed nothing further.

I am filing in 2 weeks and had been wondering if it was possible to file supporting documents (bank statements, tax returns, PayPal receipts (I am self-employed and often get paid via PayPal), car title, etc., with the Petition itself, and if these supporting docs would be accepted as .pdf files on CD. (I am so poor right now, just printing out two copies of the Petition and Schedules is probably going to use up the last of my toner). I tend to be overly anal and have two years of documentation on all of my accounts (four years on taxes), and even took individual photographs of everything I own (not much, obviously - lol). I think I fit the very definition of a "no asset" case.

Anyway, I'm filing pro se and have no lawyer to ask about these things, so any advice would be appreciated.

[LadyInTheRed]

I am filing in 2 weeks and had been wondering if it was possible to file supporting documents (bank statements, tax returns, PayPal receipts (I am self-employed and often get paid via PayPal), car title, etc., with the Petition itself, and if these supporting docs would be accepted as .pdf files on CD. (I am so poor right now, just printing out two copies of the Petition and Schedules is probably going to use up the last of my toner). I tend to be overly anal and have two years of documentation on all of my accounts (four years on taxes), and even took individual photographs of everything I own (not much, obviously - lol). I think I fit the very definition of a "no asset" case.

Anyway, I'm filing pro se and have no lawyer to ask about these things, so any advice would be appreciated.

None of those things get filed with your petition. The trustee will want evidence of your income and your most recent tax return and perhaps other documents. But, none of these documents get filed with the court. Call the trustee after your petition is filed and find out what documents they want and what format they will accept them in.

If you don't have one already, you should get a guide to help you file. Many pro se Chap 7 filers recommend Nolo Press' How to File Chap 7. http://www.nolo.com/products/how-to-...uptcy-HFB.html.