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Can a trustee ask for more paystubs?

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    Can a trustee ask for more paystubs?

    I have recieved conflicting informtaion form my atty and his assistant. Atty said that "after the day you file you can go become a millionaire"....when asked what if my husband were to get a raise or get to work overtime after the date of filing. His assistant said the trustee could ask for anything he wants..including additional paystubs and bank statements past the day of filing.

    Anyone have experience with this?

    When do you find out exactly that the trustee is researching your case deeper and wants more documentation? A letter in the mail after 341?

    Thanks!

    I am in AZ...going to file next week.

    #2
    We were told to bring all new paystubs and checking account statements & any other "new" information that had come up to the 341 hearing. We filed on the 19th of May, and got a letter this past Tuesday with our 341 hearing date, then today we got a letter spelling out a lot of what the trustee will be wanting.

    Hope this helps
    Discharged Ch 7 9/10/08
    Livin' the GOOD life

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      #3
      Originally posted by nomoneynomore View Post
      then today we got a letter spelling out a lot of what the trustee will be wanting.
      Did he asked for updated documents or totally new documents.
      can you tell us what he needs? thank you!
      I am NOT an attorney, anything I say here is not a legal advice.

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        #4
        Some Trustees do ask to see paystubs from filing to 341. I guess to make sure there was no abuse. So yes they can ask.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          Yes, he can ask. And as JRScrott pointed out, what they are looking for is abuse (the reasoning being that the time between filing and the 341 is so short, that if you had an increase income such that you would now have disposable income, you are abusing the BK system).

          However, if the trustee asked: I want you to send me all pay stubs from the date of filing through discharge, I would probably fight that.
          Last edited by HHM; 05-31-2008, 12:38 PM.

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            #6
            thanks everyone. well...for me I am pretty sure that my husbands raise of $5000 will reflect in his paystubs between the time of filing and the 341 hearing. So now I am wondering if it will be better to just look at a chapter 13 so we are not looking like we are trying to abuse. With that raise...we will make $20K over median.

            I put an email into the paralegal because the song he sings about our case is night and day different from the song the atty sings about our case. Atty says...no problem! You will be fine. Just file, then go make your millions and and go to your 15 minute breezy meeting and be on your way. No warning of worst case, abuse, audits...I learned that all from this forum a week ago (and his paralegal)!

            It is crazy because everything hangs on what trustee you get...ahhhhh! I just want to get this over with...been workiong towards it since November.

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              #7
              Our attorney said we have to update information from filing to 341.

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                #8
                You will probably be fine.

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