checking account $$

[jal1129]

I am expecting our tax refund this week and will file as soon as we get it to pay the lawyer. I am wondering with the checking account balance on the day of filing does the trustee take into account outstanding checks? (written but not cleared). I ask because our health insurance premium usually takes close to a month to clear the bank, by the time one month clears the next one is due. Also landlord lives out of state and is not unusual for rent check to take 2-3 weeks to clear. So checking balance "shows" close to or over $1000 most all of the time although this is not a "true" balance.

[poorme]

You should be fine, since you can document what the money is designated for. However, you might follow what some folks do...pull out the cash and send money orders for those expenses.

[SinkingFast]

There were Old Law filers posting here when I first joined that were in the same situation. Because they did not have enough Exemption to cover the $$$'s in the bank, the Trustee took the money. Then, people had checks bouncing afterward. It wasn't a lot of people, but it did happen from time to time.

A lot of what will or won't happen totally depends on the Trustee you have. Definitely speak with your attny and ask what you need to do about your bank acct.

As a CYA,.......... I suggest you use Cashier's Checks from your bank or buy Money Orders when you get close to filing. That way, you don't have to worry about the payments clearing your bank. The money is immediately gone when you take out the Cashier's Check or purchase the Money Order.

[dweebolina]

My husband got paid the day (direct deposit) that our lawyer filed our papers. We had to account for the balance since it was a lot more than what it was when we filled out the paperwork. No problems at all from the Trustee!!

[bige1030]

I got paid, too, on the day of filing by direct deposit, but I took a cash withdrawal in the amount of the paycheck and then some. (I needed to pay for rent and gas!) Luckily, the trustee didn't even bat an eye or mention it at the 341. I was worried about that for a long time until I saw his no asset report on PACER.

[jal1129]

Thanks for the info everyone. We should be filed by no later than the end of the month so I will start using money orders. The rent and insurance from last month still have'nt cleard yet, but hopefully soon!