Question Bank accounts.

[damooster]

As I prepare for my 341 meeting this Wednesday, I'm trying to anticipate any questions that they may ask outside of the normal questions listed in the sticky above.

One thing I was wondering is, do they have access to my bank account? I mean, I listed my checking account on the petition and how much money was in there, but I'm wondering if they pull a statement right before the 341 meeting to ask you questions about your spending habits. For example, am I going to get asked why I ate out so much this past month etc.? I didn't do anything fraudulent; again, I just want to know if I am going to be scrutinized for going a little over the expenses I have listed (like $50 over...it's my mom's birthday).

I know that some districts want you to bring bank statements and pay stubs. I filed pro se, and (my understanding is) all I have to bring is my last two years tax returns, drivers license, and social security card.

[JRScott]

If you didn't include them in the filining, I'd go ahead and bring copies of bank statements for the 3 months prior to filing and pay stubs for the 6 months. Don't volunteer them but its better to have them present in case the trustee asks.

Generally when they look at bank statements they look at amounts, they are looking for possible luxury spending or preferential payments so probably amounts in the hundreds of dollars, 15 bucks spent eating out probably won't raise an eyebrow.

[JustOverBroke]

Does the Trustee look at spending habits post filing?

Or are they just looking at my filing date and back?

We filed on 7-7-09 do we need to be concerned about how we spend from now till our 341?

If The DW and I went away for a weekend or something to that nature would we be taken to the town square tied up and stoned (have our case dismissed)?

I'm just wondering how there looking at us post filing.

[JRScott]

Generally no.

Usually for post filing bank statements as I said the trustee already suspects fraud and is looking for totality of circumstances to dismiss a case. However it is not very common to see such a request.

It is much more common to see them ask for paystubs from filing date to 341 meeting just to make sure nothing has changed.

A simple vacation would not be enough to dismiss under totality of circumstances as it is expected most Americans would take some sort of vacation in a year. Like I said probably 99% of the time they aren't going to ask for such information. So I wouldn't worry about it. Life's to short.

[justplaintired]

We sent over 3 months of bank statements and it had to include the date we filed. That was what our attorney wanted. I don't have any idea if they go over it with a fine tooth comb or not.

Our paycheck stubs up to the date of filing. The attorney did not ask us to bring anything concerning dates after our file date. We are a C7, no asset. We are well below the median income. We were told that everything concerning our case is based on before we filed. Besides nothing has changed since we filed, except dh is again on short work weeks, 32 hrs versus 40.

We also had to include our deed for property description, our most recent property tax assessment, our last financial class certificate. We were to send copies, not originals. For our income we had a print out from our employers on a weekly breakdown of paycheck stubs which our attorney said was fine. Also last years tax return along with our W-2's.

Take a folder with all this info in it just incase. Better to be overly prepared then under.

Good luck and hope this helps you.