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Question about money in bank account after filing for Ch 7

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    Question about money in bank account after filing for Ch 7

    I filed for Ch 7 last month and on my petition I had put $20 in my checking account (which was exactly how much I had when I filed). I haven't had my 341 meeting yet, but since then I've saved a bit of money just in case I might need to pay my lawyer more or something else comes up. I did receive a bonus from work so I'm hovering around ~$2200 in my checking account. Do I need to get this down to $20 when I have my creditors meeting or is OK to keep this money around until I have my discharge?

    #2
    Your balance at time of filing is what matters.

    One thing that *may* be of concern is the bonus you received. Generally a discretionary bonus is not included in the bankruptcy estate if received after filing. In some jurisdictions if the bonus was paid for work/services performed prior to filing, the trustee may be entitled to all or part of it. This is likely a non-issue, but you may consider asking how bonuses are treated in your jurisdiction.

    If you have to provide post-filing statements to the trustee (for example, for transactions up to your 341 meeting date) and you are above the median income, you may ensure that the money you were able to save is not too extreme as to raise questions on whether or not you can fund a Chapter 13 plan.

    Otherwise, it's okay to keep the funds in your account -- just have an explanation in case anyone asks.

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