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How close and far back do trustees look into bank accounts

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    How close and far back do trustees look into bank accounts

    I'm thinking of hiring an attorney to file. My combined household income is way, way over the limit but we have a lot of deductions (I think).
    A couple of family members have given us money so I'm wondering if they would see this as income? What are they looking for in the bank accounts and how far back?

    #2
    I don't think gifts from family members are considered income. But, you should ask that question during free consultations with BK attorneys.

    Typically, the trustee is provided with the account statements for the month in which you file BK. But, the trustee can look as far back as they want to if they suspect the debtor is hiding something. They are looking for indications that the debtor understated income or is trying to hide cash. Large deposits that exceed your income, may result in questions by the trustee. Assuming the gifts are not considered income and you can document their source, then it won't be an issue. If you made large withdrawals or transfers before filing BK, the trustee will probably ask about them as well.

    If by "thinking of hiring an attorney" you mean that you are also thinking about filing pro-se, I caution you against it. If your income is far above median, you really should use an experienced BK attorney because your petition will draw the attention of the US Trustee.
    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!

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      #3
      In my case, they only requested three previous month's statements and a statement showing how much was in the account on the day of filing. He also requested an explanation of any deposit or withdrawal of more than $600.

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        #4
        We had to provide 6 month worth of statements to our atty but the trustee only requested 3 months be submitted. Our atty told us that the trustee can go as far back as he wants to and he has had to submit up to 6 months worth in the past. We were under the median for our family situation and really no red flags for the trustee.

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          #5
          My attorney had me print out 3 months of bank statements if I recall correctly.
          Chapter 7, above median, no asset. Discharged with no UST involvement.

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            #6
            I filed pro-se, and was very far below the median income level. The trustee only asked to see 2 months worth of bank statements, and did not even bother going after more than $650 by which I was above the state's paltry exemption amount for money in a bank account.

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