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    Bk 7 Question

    My chapter 7 was filed on June 28, and my 341 hearing is scheduled for August 11. In the letter/packet that came from my attorney's office, it stated that the trustee may request other information from me. What other info would the trust likely want? I turned in copies of pay stubs, bank statements, income tax info, copy of DL and SSN card when my attorner requested this. I want to take my children out of town for a couple of weeks, and am afraid that something from the trustee will come in the mail while I'm away. The letter stated that I would have to send any info back ASAP. Also, I'm up for a raise/promotion at work, will this affect my bankruptcy filing due to a change income? The BK stuff is new to me, but I did a lot of research before I filed so I would know what to expect. Also, if there is a possibility that a payday loan was not added to the BK, should I file an amendment? I took a loan out with a company about 3 years ago, and defaulted (this was added to the BK), but was able to get another loan from the same company before filing. Should I worry, or try to pay it off? It's about $250. It has not been sent through my bank account yet. Any info you give to me will greatly be appreciated.

    #2
    The trustee may want additional documentation like additional bank statements, bills of sale for cars, mortgage on house, etc; ours did and requested it be sent 3 days after our 341. Now on the 59th day they want more documentation - a lot more so take my advice and give them whatever they want in spades right now and avoid this endless request for paperwork. We are a no asset case so all we can surmise is that they are trying to say we have too much disposable income - which we don't. Regardless the trustee is holding the trump card and you have to follow through with what they want. Just be prepared they could ask for receipts, invoices or the like to justify an expense. If you think they may be asking for this while you are gone you might want someone to check your mail for you. They asked us for the additional information about a week before our 341. Run these questions by your attorney. I know you cant be responsible for income after you file or after your 341. You havent gotten it yet so dont worry yet. As for the payday loan - you can do an amendment. Again, this is something your attorney can handle. Trust me the more you can do on the front end the better off you will be.

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      #3
      As for payday loan that you took out JUST BEFORE YOU FILED, just pay it off, it the loan was taken out within 60 days of filing BK, the creditor could object to discharge of that particular debt. Incidently, why did you take out a PAYDAY LOAN just before filing BK?

      As for your other issues, anything that happens after you file BK is generally irrelevant, however, your situation begs the question, where are you getting the money to take your kids away for a "couple weeks" if you are filing bankruptcy.

      As for the what the trustee may ask for, usually its more history, instead of 3 months worth of bank statements, its 2 years worth. Trustee may ask you to justify the expenses you listed (however you can, via reciepts, cancelled checks, etc).

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        #4
        Well, I really don't have any money to take my kids away for a couple of weeks. I'm pinching to make this happen. I will be driving of course with hopes the car doesn't fall apart. I'd like to take them to visit my dad, as they have not seen their 'gramps' in several years. I wish he could come visit, it won't likely happen. I think he will help pay for gas, and we will likely pack meals for the 9 hour trip. If I had the money, we'd be flying, but I don't. It's not a luxury trip, and there won't be any money spent. I just cannot afford it right now. I'm hoping that $100 will get us there and back. Once I'm there, my dad will help with food, and of course we will stay with him. It's really jsut a basic 'broke' travel method!!

        The payday loan was taken for emergency purposes. Nothing fraudulent intended. Family has to eat. It was my intent all along to pay it off, but I was afraid that it would be considered 'preferential' treatment to one creditor when I couldn't afford to pay anybody else.
        Last edited by ODDBALL; 07-10-2005, 12:54 PM. Reason: Left something out

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