Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Minimal requested from Trustee

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Minimal requested from Trustee

    I'm pro se Chapter 7. I'm about a week out from my 341. I mailed the trustee my tax returns a week ago. I also emailed an inquiry about my lack of paystubs due to being unemployed. I emailed a signed statement that I did not have paystubs and asked if that was sufficient or if the Court had a form they preferred and did it need to be notarized?

    I received an email reply stating ” We received your tax returns and we will not need paystubs. You have provided all we need."

    I had been going to the mailbox everyday waiting for the request for 6 months or more of bank statements for all my bank accounts, possibly credit card statements, possibly a questionnaire to fill out due to being Pro Se, etc. Don't get me wrong, I'm thrilled to not be getting drilled prior to the 341. I hope this doesn't mean I will get nailed at the actual meeting. But you would think if there is something the trustee was concerned enough to want to see they would make sure to ask me ahead of time to bring it to the meeting.

    The thing is there is no hard and fast rule that I have found about documentation other than the tax returns and paystubs. Rule 4002 says "unless the trustee or the United States trustee instructs otherwise, statements for each of the debtor's depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for the time period that includes the date of the filing of the petition". And that really says nothing about how far back I'm required to go. Of course I'm going to be prepared and take a year's worth of all statements.

    It's so interesting how very different trustees are from district to district.

  • #2
    For a Chapter 7, it's generally 6 months of banking statements. They are just trying to see if you hid money or you made large transfers in the time up to the filing. The Trustee can always ask for more if, during questions at the 341 meeting, they find it necessary to go further back. Generally, your Statement of Financial Affairs (SoFA) is going to tell them alot. They will also learn a little more about you at the 341 Meeting.

    If you are under-the-median, they really aren't going to drill you that much at the 341 Meeting. You may find that it's just the usually 7-14 questions that are benign in nature, such as "did you read everything on the forms". The trustee will typically ask you for anything that you ahve not provided based on the Trustee's "standard" information request. The standard information is usually provded on their website and always consists of 3 years of tax returns and "may" include 6 months of bank statements. Based on local rules, it could also include titles to vehicles, deeds, and insurance polikcy information. It really just depends.

    The fewer assets you have, the easier it is for the Trustee to get a financial picture of you, the debtor.

    Even if the Trustee has not requested, or it's not in the "standard list" for that Trustee, I would bring copies of everything I sent to the Trustee as well as anything you have related to your financial status within the 6 months preceding the filing of your petition. I would bring those copies to the 341 Meeting just in case! (It's surprising to me that the Trustees seem to lose things often. Even in my case, my Trustee insisted I didn't send something and I showed them the green card, only to have the Trustee say "Oh, you did... there it is."! )
    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


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Thanks justbroke.

      My trustee does not have a website with any sort of "standard info" list. I have looked at other trustee's websites and lists. I only sent 2 years of tax returns 2014 and 2013. I will take earlier years in case they are requested. And I will definitely have all the bank statements.

      I'm still a bit nervous for the 341. I don't really think I should be. I think my case is simple and I worked my butt off with research on the paperwork and exemptions so I feel good about it. But I think it's just the idea of walking in there alone that is nerve wracking. Still, to save $2000 I can suck it up and find a pair of cojones for 5 minutes like everyone else has.

      Comment


      • #4
        Originally posted by Blarc View Post
        Rule 4002 says "unless the trustee or the United States trustee instructs otherwise, statements for each of the debtor's depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for the time period that includes the date of the filing of the petition". And that really says nothing about how far back I'm required to go.
        Actually, it states exactly the period the statements must cover. "for the time period that includes the date of the filing of the petition." So, if monthly statements are issued for the account, it is the statement for the month in which you filed BK. If quarterly statements are issued, it's the statement for the quarter in which you filed BK. But, the trustee may "instruct otherwise" and require additional statements.

        My trustee required only account statements and payroll stubs for the month in which I filed and copy of my most recent income tax returns.

        I think justbroke's suggestion to be prepared with 6 months worth of statements is a good one. I bet you won't need them if the trustee has already told you he has all he needs, unless he forgets he has what you sent him.



        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


        • #5
          LadyInTheRed , I think I did initially interpret that the same way but then dismissed it because everyone talks about needing 3 months or 6 months or even more if you are pro se. There is no way I would risk showing up with just one month's worth. I want to disclose, disclose, be done with and go home.

          Comment


          • #6
            I had six months ready just in case it was requested, but they only wanted the month we filed. I don't know where you are, but I'm in MN. Good luck!

            Comment


            • #7
              Good to hear. Thanks Can't wait to be done.

              Comment

              Unconfigured Ad Widget

              Collapse
              Working...
              X