Bank statements

[marzipan13]

I went to the bank and asked for a printout of account activity for the 90 days prior to filing bk. I was given copies of my last 4 statements, which go past the 90 days. Is the trustee going to question the activity prior to the 90 days? Am I able to use marker and cross off those days that are more than 90 days before filing? A couple weeks before the 90 days, I had received a tuition refund from school and deposited. One of my creditors put in a motion to have that account garnished the day before I was leaving for Turkey to help with my husband's immigration. When I got to Turkey, I went to ATM and withdrew all those funds. I closed the account when I got back.
Will it look suspicious to the trustee that I had $2000 balance in mid-April, then withdrew all the funds? Or can he not question those days since it was before the 90 day time period?

[NoName]

The trustee can look at account activity up to 6 months prior to filing.

You will likely be asked at your 341 about the account that you closed and what happened to the money.

[freshstart06]

Noname is correct they may just ask you about it at the meeting, think of what you are going to say now so you will not be nervous. I am pro se like you and I understand how these things can be. This is scary time but trust me you will be okay. I understand that some people on the board want to "look out" for our best interest but I hate it that some make things appear worse then what it is. All you have to do is read previous post and read them completely, most case discharge and close. Even the ones that have had some difficulty closed. Just give them what they want and do not give up. Make sure the docs you turn in do not have your complete social security number on it, it can have the last four numbers but mark the rest out, this will get your case dismissed.

[marzipan13]

but what if my account number with a creditor is my ssn?

[freshstart06]

Good question, I had some accounts with my credit that was in my ssn, I am not sure what my paralegal did, when I checked pacer I don't see any account numbers, I truly that that is different from the other docs you have to turn in. Double check any paystubs, taxes, bankstatements anything that may have your ssn on it and just mark out all but the last four numbers. Call the court you filed your bk thru, that is how I found out this info.

If you have pacer maybe check another persons file and see what they did.

[marzipan13]

I tried looking at other cases on pacer, but it won't allow me to view the documents!
The creditors meeting is next Tuesday... am I able to file a corrected schedule F? That is where I listed my SSN for my account number.

[freshstart06]

Marzipan13, you are going to come back from your meeting with a good report, telling us how smooth it went. Don't forget to bring your Driver's license and SSn card with you.

Write down the answers to the following questions so if he asks you will be prepareed:

1. Where did you use the $2000 for. Just tell him the truth, you answer you post is great but try to remember where you spent it.

2. If you got a nice size tax return where did it go (they ususally don't ask this but be prepared).

3. Do you expect any changes ie increase in income or money received... The answer to this is always NO!!!

4. Look at your bankstatements really carefully, and if you see something that you think the trustee will question write down your answer so you can have it stuck in your head by the time meeting is here.

5. Keep your answers short and simple, DO NOT GIVE OUT TOO MUCH INFO, IF HE DON'T ASK DON'T OFFER ADDITIONAL INFO. This part scares me because I talk way too much. I will have told my entire life story LOL.. Everyone is prepping me for just yes and no answers, then shut up techniques. LOL

The trustees are very trained and they look for certain reactions we provided. You are going to be nervous that is expected but try to make your answers flow out of your mouth as fast as he ask you questions. Stay sincere and humble. Keep eye contact all times. Since you have no assets you are pretty much a waste of his time anyway (wink)

I can't wait to get my meeting over and done with. Believe me, I am nervous as well but I refuse to worry like I use too.

[marzipan13]

Am I able to make the note of explanation on the bank statements? Or just prepare myself if the trustee asks me about any transactions?

You said if they ask about any expected increase in income to say NO, but on my income schedule it asked if I had any expected increases and I did list that I would be receiving my cost of living increase on 7/01/07... it's only $750 a year increase and doesn't put me over the means test or give me excess income each month (it'll be about $50 extra a month after taxes! lol).
I may receive my career ladder promotion in a few months. But that is not a guarantee. And that is only $3500 annual increase, still doesn't put me over means test or give me excess income each month.
I also stated my husband should be eligible to work in USA within 3-6 months, maybe even longer... but that is undetermined and not a guarantee.

So, if I've already listed those things... should I still say NO when he asks me?? Or should I just repeat what I wrote on income schedule? That I may receive my promotion and my husband may start working, but neither are 100% guarantee.

[freshstart06]

Hmmm....Don't change anything, if he asks about then explain. I personally would have not mentioned anything that has not happened yet ie at your husband getting a job in a few months, that will happen after your case is closed. Your possible job promotion, this may or may not happen but as long as you don't go over the median you should be okay.

You should have asked us on th board before you put that down but it is done so don't worry. I was just like you, I wanted to list all my "possibles" but my paralegal put me through BK bootcamp LOL. She has been doing BK for 13 years and the last thing you want to mention is the "possibles" because some trustee will wait for the "possibles" unless of course it does not affect anything. My trustee told me that one of her clients signed up for Avon and the trustee waited to see how much she was going to make. The key is that you don't want anything to delay your case from discharge and close.

I just have a strong feeling you will be fine. You are so sincere and if I can see it through your post I am sure the Trustee can see it in person.

I personally know someone that lied about everything in her BK and it closed and discharge (I hate that she did that) I mean she said she wasn't married and she was, she lied on her taxes, you name it most of the info was a lie and she had a lawyer. This happened about 8 months ago and guess what she is in serious debt already. But if a lier can get discharge I know for sure a sincere honest person will. At least this is what I keep telling myself.

[BKTango]

Do not worry about making any notations on the statements. Just answer the trustee HONESTLY and simply if you are questioned over an expense.

Always remember to keep it short and simple.

Do not worry too much about what questions will be asked, or preparing your answers. Honestly in the most simplest of cases these things last all of 5 minutes. Your trustee may have a few more questions for you, but just answer them.

When you are asked about income, money, or anything really the answer is not always supposed to be no, the answer is supposed to be truthful.

[freshstart06]

bktango, I am not telling her to lie, I am going based on the info she has been providing. If someone else story was different then if the answer was yes, then I would have told them to say yes. But based on her story the answer is no. I was just telling her to keep it simple and just say no and not go into details. She has to do what she feels is right but from what I have been told by lawyers ( I honestly can say) is not to give too much info if not needed, this info is also available from previous post on this board.

Based on her info the answer is always no if she expects any changes because the changes are not guaranteed. Why delay things on an "possible" or "maybe" situation. Right now it is wise to just use the information you know for sure. It is like me stating well if I go back to work I could make X amount of dollars.... Okay first off, I don't know if i will be going back to work and I can't determine how much I will make because I am paid only commission. So if the trustee asks me if I expect any changes my answer will be NO!!! Can you imagine the red flags that will result in me stating that I am may go back???? the bigger problem if he bases is determination on that and something happens and I can't them I screwed myself. Now do you understand???? BKtango, you already went through all of this, you know what I am talking about and you know truthfully, the meetings are not that bad.

[BKTango]

bktango, I am not telling her to lie, I am going based on the info she has been providing. If someone else story was different then if the answer was yes, then I would have told them to say yes. But based on her story the answer is no. I was just telling her to keep it simple and just say no and not go into details. She has to do what she feels is right but from what I have been told by lawyers ( I honestly can say) is not to give too much info if not needed, this info is also available from previous post on this board.

Based on her info the answer is always no if she expects any changes because the changes are not guaranteed. Why delay things on an "possible" or "maybe" situation. Right now it is wise to just use the information you know for sure. It is like me stating well if I go back to work I could make X amount of dollars.... Okay first off, I don't know if i will be going back to work and I can't determine how much I will make because I am paid only commission. So if the trustee asks me if I expect any changes my answer will be NO!!! Can you imagine the red flags that will result in me stating that I am may go back???? the bigger problem if he bases is determination on that and something happens and I can't them I screwed myself. Now do you understand???? BKtango, you already went through all of this, you know what I am talking about and you know truthfully, the meetings are not that bad.

Wow I just agreed with your post on another thread only to come over here and once again feel like you are assuming I am attacking you.

Number 1. Telling a person specifically they should answer no to a question based on information given, is alot different from saying in general....the answer to this question is always NO!!!!!!!

Number 2. I am not attacking you, please stop assuming I am by coming behind every post I make calling my name out as if I am. I never posted you told the OP to lie.

Number 3. I agree with the "who knows what will happen in the future" I was not telling the OP to give the trustee every single tidbit of info of their future income in months to come, I merely told the poster to be truthful. There's a fine line to walk, while it's not important to report and no one can predict their income several months AFTER their bk, there are instances where if you know you are coming into money....you are required to report it. That is why that question is asked. That is why I said the answer to money received is NOT always supposed to be no, it has to be truthful.

Freshstart it's nice to give people support and really that's what we are all here for, we aren't not lawyers, support is all we can give. That and advice either based on personal experience or research. I don't know everything and I don't pretend to do so, if I can't answer someone's question correctly, I don't try to or I give some advice and tell them hopefully someone else will come along and answer for them.

You've been here a month, I've been around almost a year and a member since last October. If you want to continue to assume I am attacking you when I answer someones question I don't know what to do other than stop posting so has not to offend you.

[freshstart06]

Bktango, I don't think you are attacking me, I think you wanted to clarify what I was saying but i just wanted to make sure you knew I was not telling her to lie. I know you have more knowledge then me and I trust your opinion, I do feel that you may worry that I may end up doing the wrong thing or anyone else here. I am so not a writer so sometimes what I think does not always come across in writing so I can see in the first post where you could think I was telling her to lie but I wasn't. I will stand true not to give info that was not asked.

Bktango, I am very outspoken, If I felt you were attacking me I would let you know, However, if you feel the need to attack me because I am about to do something stupid, then do it. I prefer you to get on my case then to allow me to make a mistake. Do worry about my feelings (that can be repaired) if your opinion is going to save my case and help my future that is more important then my feelings.

[marzipan13]

Am I able to make the note of explanation on the bank statements? Or just prepare myself if the trustee asks me about any transactions?

[freshstart06]

just wait and see if he asks questions and prepare yourself if he asks questions. The reason I told you to write things down is so you will not forget it if he asks you. No do not bring notes to the meeting but just remember a few possible answers. No matter what anyones says about not being nervous, you are going to be nervous, I know I will when my time comes. if you keep a list of the possible answers this will help you remember, because believe me bad nerves make you forget something that could have happened within minutes. It never hurts to be prepared.