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Bank accounts in a Chapter 7

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    Bank accounts in a Chapter 7

    My lawyer said to file when I only had less than $100 in my bank account. I said NO PROBLEM

    My question to you all is what happens to my bank account? I currently have direct deposit going to my account from my pay check. I plan on filing sometime this month.

    Should I stop my direct deposit?
    Does the trustee have access to my funds once I file?
    Or do I still manage the money's that I receive?

    I would like to be able to continue to pay my primary residence and other utilities bills and car with the money that is direct deposited.

    Thanks,
    Thanks
    Filed Chapter 7 2/7/2008
    341 Meeting 3/14/08
    Last Day for Objections: 5/13/08

    #2
    You should time your filing after your payday so that you will be sure the acct only has a hundred dollars. There is not necessarily a reason to stop direct deposit.
    Chapter 7 Pro Se....Discharged Feb. 2006

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      #3
      Plan ahead. Pay bills early. Stock up on groceries. Buy clothes, Have needed car repairs done - you get the idea. Make certain everything has cleared the bank before you file. Then file the day before the next automatic deposit hits. That's what we did - worked like a charm. We has $128 in our account on filing day
      Last edited by lrprn; 01-05-2008, 01:09 AM.
      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

      Comment


        #4
        Don't stop direct deposit. You should continue on as you'd normally do otherwise it might raise some red flags to the trustee.

        My lawyer instructed me to tell him when my account is at its LOWEST amount. You know your pay/bank balance cycle. Warn your lawyer ahead of time so he'll have an idea of when to file.

        Comment


          #5
          Sorry, I forgot to add:
          Originally posted by Itried View Post
          Does the trustee have access to my funds once I file?
          Or do I still manage the money's that I receive?

          No, the trustee does not have access to your bank account. That's your money BUT he can go after the balance in your account on the day that you file if it's high enough to tempt him, the same way that he can take your tax refunds and/or anything else of value that you don't exempt. My lawyer told me that a nasty trustee once took as little as $250 from one of his clients.

          Comment


            #6
            My lawyer instructed me to tell him when my account is at its LOWEST amount. You know your pay/bank balance cycle. Warn your lawyer ahead of time so he'll have an idea of when to file.
            Mine did the same thing. I told him to file it 2 days before my next pay check would be deposited and that is exactly what they did. There was less than $100 in the account that day, I made sure of that.

            Comment


              #7
              I had my wife stop her direct deposit will that raise flags as I noticed someone mentioned it may? We plan to file in Feb
              Chp 7 Filled 2-21-08
              341 Hearing 3-24-08

              Comment

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