On my list of required documents to submit to my lawyer it asks for the "most current statement" for each of my creditors. If I only submit the current statement where does the Trustee get the info on the history of my advances and transfers? Do they request this from the creditors before the 341? If I only give my lawyer the most current statement how do they verify the 70/90 day rule when filing? Thanks!
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Cash advance / Balance transfer history?
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The trustee doesn't look for recent advances and transfers - your creditors do.
Your creditors already have all your financial records going back as long as you had the accounts and know exactly when you made advances and transfers. If you take an advance or make a transfer within 70 days of filing, you open the door to that creditor objecting to the discharge of that debt.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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The trustee doesn't care if you took an advance. The creditors do. If you took an advance, then the creditors can object to the amount of the advance.
The only thing the trustee really cares about is the property...If he can collect some property then he gets some money!Oct 9, 2007 - Filed my Chapter 13!
Scores: 527/509/528
Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
Feb 11, 2009 - DISCHARGED & CLOSED!
I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.
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