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    pay stubs/ dont have them

    General question: If you are doing a CH7, meet the means test by far, are they going to need pay stubs? What do you do when you are not very good about keeping them around? Will the employer furnish copies? I have a few of them, but not many. I have nothing to hide, just not real organized. They are all direct deposited, if that makes any difference.

    #2
    I can't think of any circumstance where you won't need them. I'd start working with your employer right now. If you are paid via ADP or some other payroll system your employer may be able to hook you up with online access. Showing the deposit likely won't be enough as gross income as well as deductions will factor into your case, not just net deposits.

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      #3
      You will need to provide the last 60 days of paystubs to the court and usually the lawyer wants paystubs for the last 7 months to run an accurate means test. However, they can often used the YTD numbers on your most recent paystub right now since all means test months are this year as of this month. Also, some districts will want to see paystubs from the date of filing to the hearing at the hearing itself - silly since the filing creates a "snapshot" of your financial picture at the time of filing, but whose to argue?
      I am not a lawyer - I just play one on TV. It is always in your best interest to seek legal advice from a competent attorney licensed in your state. Any information I post here should not be construed as legal advice.

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        #4
        i filed a little less then a month ago and I needed pay stubs. I talked to my boss and told him what was going on and that I needed past pay stubs. Employers should be able to give you your past pay stubs without any problem. The only reason why I told him what was going on is because I was afraid my wages were going to be garnished and wanted him to be aware just incase I didn't file in time.

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          #5
          Thanks all, yes it is a pay service, so we will get on that right away. The lawyer said 6 months would be good.

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            #6
            I was required to provide six months of stubs to my attorney.
            Chapter 7 filed December 11, 2009, 341 Meeting held on January 7, 2010
            Deadline to File a Complaint: March 8, 2010

            Discharged and Closed March 11, 2010

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              #7
              I'll be filing hopefully C7 for just myself & I'm unemployed - so I have the records for myself.

              My husband is NOT filing. Will they require his pay stubs too?? He's terrible about keeping them & we can't get copies as he works for his family's business & I don't want them to know I'm filing for BK.

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                #8
                Originally posted by JackFrostMI View Post
                I'll be filing hopefully C7 for just myself & I'm unemployed - so I have the records for myself.

                My husband is NOT filing. Will they require his pay stubs too?? He's terrible about keeping them & we can't get copies as he works for his family's business & I don't want them to know I'm filing for BK.
                yes they will require your husbands pay stubs( Most likely 6 months worth)
                his income will count for bankrupcy purposes and for the MEANS TEST
                Filed chapter 7 on 9/17 341 on 10/20
                Chapter 7 Trustee's Report of No Distribution on 10/21
                Discharged and Case Closed on 12/21/2010

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                  #9
                  The attorney will require the paystubs to do the means test and Sch I, but the court does not require them for a non-filing spouse.

                  Good luck with not having the in-laws find out - dollars to doughnuts they will anyways and then you will look like you had something to hide (which you don't) or that you are embarrassed (which you shouldn't be). If you do need to get them and don't want to tell them why, just tell them you are looking at a loan, refinance, modification, something like that - all of those things require proof of income
                  I am not a lawyer - I just play one on TV. It is always in your best interest to seek legal advice from a competent attorney licensed in your state. Any information I post here should not be construed as legal advice.

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                    #10
                    Originally posted by starr4law View Post
                    The attorney will require the paystubs to do the means test and Sch I, but the court does not require them for a non-filing spouse.

                    Good luck with not having the in-laws find out - dollars to doughnuts they will anyways and then you will look like you had something to hide (which you don't) or that you are embarrassed (which you shouldn't be). If you do need to get them and don't want to tell them why, just tell them you are looking at a loan, refinance, modification, something like that - all of those things require proof of income
                    His pay stub shows year-to-date everything - will that be good enough?? His Mom hand writes all the checks (very small family business) so it will be a major pain to get anything from her. She does everything by hand - nothing is computerized.

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                      #11
                      That would be up to the individual attorney as to what they will accept for payment information. I've seen it go both way - some will take a simple YTD and others want every single paystub.
                      I am not a lawyer - I just play one on TV. It is always in your best interest to seek legal advice from a competent attorney licensed in your state. Any information I post here should not be construed as legal advice.

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                        #12
                        I had consulted 2 attorneys. One told me I needed 6 months paystubs. I freaked out because I didn't have them. The attorney I ended up going with told me that was not true, I only needed 2 months. I was missing two paystubs. My employer was able to furnish me with a payroll statement for that period that sufficed.

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                          #13
                          I'm in the same boat. Work for a church. I get no pay stubs. Not sure how I'm going to approach getting them.
                          10/26/10 - FILED CHAPTER 7 12/15/10 - 341 COMPLETED 2/17/11 - DISCHARGED & CLOSED

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                            #14
                            artgood, tell them you need to provide proof of income for a transaction/legal matter and that they need to generate the paystubs for you.
                            Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
                            AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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