trustee (bank acct ?)

[desertgrl74]

I know that the trustee will be able to check your bank acct that they have on file, but if I decided to open a new checking acct, would I be better off getting one at the same bank or a different one? Would he have access to the new acct at all? Could he even find out about the new one?

Another question- Are student loans considered income?

[DeadManCrawling]

You are fine to open a new account, after filing.

If you open one before filing, which is also okay, you MUST report it to the trustee. They will find it easily anyway. Regardless, NOT reporting it is BK fraud and they do not look kindly on this.

Student loans are not income. If you are afraid the trustee will take the money, I don't believe you have anything to worry about. Student loans are nondischargeable anyway, and I believe are priority debt. Others will correct me if needed, but this is my recollection.

[desertgrl74]

I've done everything already (341 meeting), just waiting for discharge. It's just I am going back to school in January and if I put the rest in the bank after the tuition is paid, I wasn't sure if they have a right to take it. Which, I need to use for other costs for school (books).

[DeadManCrawling]

I made the assumption that you filed a CH 7.

If you filed a 13, my answer may not be applicable. I would not know the answer for a CH 13 filer, but would assume student loans still don't count as income.

[backtoschool]

Student loans don't count as income, but if there is a student loan disbursement disbursed to the filer after tuition is paid, and it is sitting in a bank account before filing, it needs to be exempted, or the trustee can take the money.