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do I have to explain every item on the CC's ?

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    do I have to explain every item on the CC's ?

    Happy new year! I live in CA. I sold my house in Rocklin in april 09, and cashed out with $90,000 in equity. I live with my disabled girlfriend and she owned half the house, so we split 50/50, so I got $45,000. We rented 2 months and then bought a Bank owned house for $88,000. The house was beat up with many repair issues so I put about $10,000 into it to make it liveable. Keep in mind half the house belongs to my girlfriend who is disabled and on SSI. The rule for SSI is you have 3 months to purchase another house or they count the money against her. We ran out of money about August just about the time the credit card companies started raising interest rates for no good reason and demanding 5% not the standard 2% they been charging for years. I had a 795 FICO score and never missed any payments on mortgages, cars or credit cards in 43 years. I have not made any money in 09, have a paid for home and 2 paid for 5 year old vehicles. I owe 74,000 in credit card debt for 2 sole propriotorships. Hired an attorney, paid for the CH 7 filing fee and attorney, completed all the requested paperwork and credit counseling for the BK. My income is $562 in social security, my girlfriend is not part of the BK. My question is , Do I have to go over every receipt since April and justify it to the trustee? The house is safe as I recorded a homestead exemption of 50 K and my girlfriend owns the other half. The 2 vehicles, only 1 is in my name, a 2002 ford explorer valued at about $4000. That is about it, we don't have much more than that and we also get some food from the food locker. I have been looking for work but not finding anything, even Costco,Home Depot, nor Lowes would not hire me. Can anyone answer the question in red? Warmest Regards.

    #2
    No, the trustee is looking for luxury or unnecessary purchases.

    You may have to explain those. Anything that is necessary, such as food, utilities, etc, will almost certainly go unquestioned.

    Best,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      with that small amount of income the UST probably wont even look at your case. they have bigger fish to fry
      Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

      Comment


        #4
        Originally posted by albacore44 View Post
        with that small amount of income the UST probably wont even look at your case. they have bigger fish to fry
        THAT is a fact. We never had to do the means test, however, we ended up an asset case (due to severe ignorance and some stupidity).

        Your situation is classic for a 90 cast off. You sure have your work cut out for you and take care of your 'friend'. Bless you. 'Hub



        Albacore, I never got "her" phone number. Keep this to yourself now. Mrs. can be a bit unreasonable when it comes to beauties like your Avatar. 'H
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          I don't know about everyone else, but we never, ABSOLUTELY NEVER, had to provide our attorney or trustee with our credit card statements. We took a vacation 3 months prior to filing, charged it and the trustee never knew because they never saw a credit card statement from us.
          Filed Chapter 7: 3-22-08
          341 Meeting: 5-15-08 It went great!!!
          Last day for objections: 7-14-08
          Discharged and Closed: 7-21-08

          Comment


            #6
            Originally posted by Stilltheone View Post
            I don't know about everyone else, but we never, ABSOLUTELY NEVER, had to provide our attorney or trustee with our credit card statements. We took a vacation 3 months prior to filing, charged it and the trustee never knew because they never saw a credit card statement from us.


            What state are you in?

            Thanks!
            Attorney Retained/Paid: 1-4-10
            Online CCC-Completed & Cert Received: 1-8-10
            Filed Chapter 7 1-18-10.
            341 3-10-10 ~~~ Last Day to Object: 5-10-10

            Comment


              #7
              I am in CA-Faust

              Thanks to all who responded. I want to start a new business but my attorney says I should wait until discharge and close. I am in CA and I sure hope you are correct Faust about not showing credit card statements to the Trustee. I only have some small reoccurring charges on my cards. Most of these have been over 2 or 3 years of business charges that have basically failed as sole proprietorship's and that I made regular payments on and sometimes made extra payments. the business started to fall apart mid 2008 when the economy
              started tanking. At no time was I reckless with any expenses,( no vacations, no toys, no gambling, ect.) I hope that they let me start another business because I can't live on $562 a month forever. Warmest Regards!!

              Comment


                #8
                It is not typical to show no cc statements unless you are under median income, which you are clearly.

                Each district has different documentation requirements. If you are above median income and have a somewhat complicated BK filing, you are more likely to have to actually provide documentation. IMO, it is best to have the documentation available (on your hard drive) in case the trustee asks you for it. But if you are so far under median it is highly unlikely that you will be asked to provide it!
                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..

                Comment

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