Very small amount of gratuitiy to be ammended to income

[pippen2012]

I had forgotten about a very small amount of gratuity (less than $100) that I plan to ammend to my income and means test figures. I work for an outdoor guiding service. Client expectation is for the fee which is larger than at other companies to suffice as full payment as service. Guides are prohibited from mentioning tips. As a result we almost never get them.
Am I at risk of the trustee conducting interviews at my company? I do not want to incur the ill will of my workmates. I think I need to disclose the small amount I just want to know what I may be in for at work this season.
I plan to wait and do this ammendment with that of a small sale of exempt items (college textbooks) a few days before the 341 meeting. Are two ammendments better? One now for the small income and one later with the small property change? Or is it better to do one ammendment all at once a few days prior to the 341?

[justbroke]

I don't really understand what you are saying. If you are saying that you received $100 in one of the 6 months prior to filing, and it was irregular, I don't even think it's worth amending to report $16.67/month of additional income. I will caveat that if it pushes your DMI (disposable monthly income) over $190 or so a month. Otherwise, I don't see any issue.

What is this mention of a sale? If it's for a post-petition sale, it doesn't even count.

When was this income earned? Just before filing? Tell me exactly when you earned this $100 and when exactly you filed.

[pippen2012]

The money was earned on 2 seperate occasions last year. I remembered the tips after filing. The concern is that the trustee will broach the subject of raft guide tips in the 341 meeting. Other companies recieve some tips although not as mush as retaurant servers do. Guides at my company make almost none. Will I be in any hot water for not mentioning the small amount? Is it a dismissable offense even if the small amount has no bearing on means calculation? What is the penalty for a minor discrepancy?

Also, I need to sell furniture before moving and also college textbooks. Do I need to ammend my forms b and c for sales of exempt property after filing?

Also, If I recieve my exempt rent deposit back after filing and spend it on needed expenses before 341 does it become non exempt? Do I need to hold it for deposit on my next place this winter or can I juggle it until I put it down on an apartment this winter?

I may be suffering from pre 341 paranoia. I just dont know what goes there and want to be prepared.

Thanks again for all your advice,

Pippen

[justbroke]

Yes, it's pre-341 paranoia indeed. You can amend your Schedule I, Schedule J, and Form B22A (Means Test) to show the amount. If this money was earned prior to October 2010, then it's not reportable anyhow (lookback period).

Anything that happens post-petition is not generally reportable. If the property is exempt you should be okay, but you technically shouldn't sell (or dispose of) property until the case discharges. This is primarily because you are not sure whether your exemptions will "stick" and the property is truly exempt. At minimum, you need to wait until after the 341 Meeting since that is where the Trustee will generally -- but not always -- make an asset determination.

[pippen2012]

Thank you for taking the time to answer. I was told that the trustee can request documents from a time beyond the 6 month lookback period. Is this true? Mostly what I am asking is whether small discrepencies that would not affect means test calculation can throw the case off. Is it grounds for dismissal?

As for the property, I am moving before the 341 meeting and must selll furniture I have no way to move it and no place to put the furniture. Should I ask the trustee whether or not to ammend or just inform him at the meeting?

[justbroke]

The Trustee can only look at documents prior to filing, to establish whether you have assets that are mysteriously disappeared or have been "sold" to insiders (family, friends, business partners). It is not to look for $100 worth of tips. Any Trustee doing that... searching for $100 in tips... must be very bored. However, it could affect your calculation if you were "real" close to the maximum disposable monthly income (DMI).

If you sell the furniture, just don't spend it until after the 341 Meeting and you "know" that your exemptions are all accepted. You do not need to mention this unless asked. (Never volunteer information!) Make sure you get good value for what you sell. I really don't see the Trustee even caring. However, I personally don't know if you applied the exemptions properly, so can't provide a definitive answer.

By the way... did you purchase this furniture on account?