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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as 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.

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Cashing Checks Question

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  • Cashing Checks Question

    Hello. I am new to this forum and so far every thread are very helpful. Im about to file my chapter 7 next month and i have no assets at all. For the past 2 years and a half, ive been struggling. I already stopped paying my CC's since i talked to a lawyer and decided to file last year. Still finding myself living pay check to paycheck. I have one dependent also. My sister has been trying to help me with my rent by giving me $600 check every month and ive been cashing those checks (not with the bank im banking with). My question is, should I let the trustee know about those checks? Are they going to trace those? Im making $2, 260 a month after taxes and deductions. Even though my sister helps with my rent, still struggling to make it to my next paycheck. Im also making extra $200-250 a week by working part time and i deposited those checks. I pay rent of $995 and a car payment of $380. My concerns are the extra money im making, and the checks my sister is giving me and cashing them.

  • #2
    Welcome to BKforum!

    Don't tell the trustee anything at all until you are at your 341 meeting and have to answer questions, in which case you should only tell him what is necessary to truthfully answer his questions. Tell your attorney about the help you are receiving from your sister and your attorney can determine where, if anywhere, that should be reported on your petition. Don't try to hide anything.

    Your profile says you live in Texas. Are you aware that in Texas your wages can be garnished only for child support, alimony, taxes and student loans? If you don't have any of that kind of debt and you have no assets, then you may want to delay filing BK until you actually have something to protect, or at least have enough income to support yourself.
    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!


    • #3
      Thank you for that. I do have a student loan but im in forbearance right now until December. I also have $40,000 total debt and unfortunately i owed IRS tax money which ive been trying to dispute. I got out of a messy marriage back in 2016. When i moved out, that was the start of me struggling to keep up with my bills. The tax part, my ex screwed me with that. According to my cpa, IRS decided not to levy my account and they havent been after me also. Its a long story but i only found out about irs this year when i filed my own taxes and they took my refund. My ex usually took care of that for me and he hide everything from me. I dont really have money in the bank for them to go after. My cpa suggested also to file and include it on my BK since i dont have that much of a chance to get myself out of the tax situation . Im just worried about cashing the checks and I don't have a copy of those if the trustee will ask for those? Are they? Thank you once again.


      • #4
        The trustee could ask for copies of the checks. More likely, if he notices regular deposits to your account (assuming he even looks at enough account statements to notice a pattern), he will ask about the source of deposits, you will tell him and that will be the end of the subject. If he does want copies of the checks, you should just say that you didn't keep copies.
        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!


        • #5
          The thing is, those checks were cashed and never got deposited to my bank.


          • #6
            Don't worry about it. Just make sure your attorney knows about them so that they can be included in the petition if required.
            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!


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