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Trustee can look back 4 years for self-employment cases?

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    Trustee can look back 4 years for self-employment cases?

    Can a US Trustee really look back 4 years on a CH7 self-employment case?

    That can't be possible...can it?

    #2
    Depends on what they are looking at. The standard look back periods don't apply to certain individuals and certain situations (like the 10-year lookback on property transfers!).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      My understanding is that if they think that you are hiding assets they will dig deep... self-employed or not.

      If you are not hiding assets, let them look... besides the stress, does it really matter?

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        #4
        I suppose not but then again I haven't kept the best records either. Most online records only go back about 12 months (or so) so not sure how I'm going to come up with 4 years worth.

        The stress I can handle.

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          #5
          If you still have online access for your credit cards, you can usually get 5+ years downloaded to your hard drive. Download the last 12 months of bank statements right away and then each month as it becomes available. Then if and when you decide to file, you have the records.
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

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            #6
            Another problem is 4 years ago bk was the farthest thing on my mind so I just charged everything to my business cards (as well as personal cards). Vacations, expensive dinners, auto upgrades...you name it. I was the poster child for commingling finances =/

            Is that going to pose a problem?

            A lot of the charges on my business cards weren't business related. Not by a long shot.

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              #7
              How you got into debt is usually not an issue. The lookback is to determine if any assets were transfered while you were insolvent.

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                #8
                Just for business ownership alone, it goes back 6 years.
                I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

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