Unusually large paycheck, after 341 before discharge

[FiledinMarch]

I filed chapter 7 alone on Sept 18th, my husband did not file. We filed in a community property state. My husband became eligible for a raise on Sept 15th but did not receive it. To date he still had not received this raise that he was supposed to get way back in september. There is a chance that it will be on his paycheck next week, for the amount that he is owed back from september. Approx 900 more on the check than normal. I have already had my 341, and am in the 30 day club now. My last day for objections is at the end of this month. From what I have looked up and read it doesn't look like the trustee would be able to touch this money, since it is money that my husband earned, (Not me) and it is coming to us after I filed. I just wanted to be sure. I'd really like to use the money on the kids for Christmas. Thanks for all your help!

[BassBoy]

This would be untouchable. You weren't EXPECTING any raises or increases at the time you filed and/or before your 341..........annual raises are not always guaranteed........you'll be able to keep this.

Have a wonderful time X-Mas shopping!!!!!

[FiledinMarch]

That is the part that is concerning me. I should have gone into more detail. He knew as of like Sept 13 or so that he was going to be receiving a raise of $350 a month before taxes. He was eligible to begin receiving this on Sept 15th, but it was not on his check. The most he would have received was half of this amount, so around $175 before taxes. We filed chapter 7 a few days later on Sept 18th. The $175 would not have put us over the median. I explained it to my attorney and he was not concerned. I am just worried that this large deposit will be direct deposited into our bank and the trustee will swoop in and take it. Could that happen?? Thanks so much for your reply.

[FiledinMarch]

Is there a chance that the trustee is monitoring my bank account at this point?? I never had to submit any bank statements, and I have no requirements at this point to submit any future tax returns.

[kl030505]

it's possible I misunderstood my attorney, or that laws vary state to state, but attorney told me that the income that mattered for our bk was the income from 6 months before date of file. Everything after you file (unless you are talking about monster monster differences here I would assume) is not part of the picture. I do not think it is touchable.

[BassBoy]

Is there a chance that the trustee is monitoring my bank account at this point?? I never had to submit any bank statements, and I have no requirements at this point to submit any future tax returns.

As I said, your husband did not recieve the pay increase until after you filed, so unless you have the raise in your pocket book, mums the word. ;-)

[FiledinMarch]

Thanks everyone!!! Im so happy! It just seemed like too good of luck to get it right before Christmas, I was looking for my usual rain cloud!!