Question about spending before 341 meeting

[tunskit]

I am an author. I did the average of my income for the past six months. The average was about twice as much as I've actually earned the past three months, but it should all average out at the end of the month. I'm getting a large check at the end of August. It should be about 3x more than my monthly average, but when it's all figured at the end of the year, it should work out. I get one or two big checks per year, and then much smaller amounts the other 10 months. The trustee should understand that, right? I would assume?

Typically, we use the big checks to stock up on food, buy new clothes, maybe take a small trip somewhere, etc. It's when we buy all the things we can't affor throughout the year with the regular checks. So, if we buy new clothes for all of us, spend a few hundred getting staples at the grocery store and Costco, and fix up the car (new tires, brakes, tuneup, AC recharge, oil change, and starter), will those be considered okay expenses? They will be purchased with cash, no financing. Also, my son spilled his water on my laptop last month and fried the motherboard and CPU. Obviously, I have to have a computer to do my writing and communicate with my editors and publishers. Will it raise eyebrows if I buy a new (probably a good used from ebay) laptop while in the middle of bankruptcy proceedings? I'm currently using my old laptop, but it's so slow, prone to Blue Screen, and has a bad battery, so the slightest jarring of the power cord can make it shut down. If I don't save my work every few sentences, I could lose everything. It's really difficult to work like that. Do I need to do something with my old laptop? My husband wants to try to fix it up for our son in a couple of years, but I don't want to screw up our BK by having too many laptops.

Any advice or info is appreciated. I have no attorney to ask, since we did this pro se.

Thanks!

[JRScott]

When did you file?

When is your 341?

Anyway to hold onto the check until the week after the 341

In essence when the Trustee asks, is this true, it is. Have there been any changes, the truthful answer is No. The thing is some of them want bank statements etc up until the 341 so if you can delay cashing the check that could help you.

[tunskit]

When did you file?

When is your 341?

Anyway to hold onto the check until the week after the 341

In essence when the Trustee asks, is this true, it is. Have there been any changes, the truthful answer is No. The thing is some of them want bank statements etc up until the 341 so if you can delay cashing the check that could help you.

We just filed yesterday. Our 341 is 9/25. I think we could delay cashing the check. However, don't we have to turn in any paystubs or pay advices received between filing and our 341 meeting? If so, it's going to show up on my royalty statement. I guess it would be better to wait until after the meeting to cash it, in case the trustee wants the extra income?

[laurannm]

We just filed yesterday. Our 341 is 9/25. I think we could delay cashing the check. However, don't we have to turn in any paystubs or pay advices received between filing and our 341 meeting? If so, it's going to show up on my royalty statement. I guess it would be better to wait until after the meeting to cash it, in case the trustee wants the extra income?

You may or may not have to provide paystubs between filing and your 341, it varies from trustee to trustee. Usually your trustee will contact you and/or your attorney with a list of items to bring to your meeting. In our case we were not asked to provide anything.

[Cali]

We weren't asked by the trustee to bring anything, but my attorney told me what to bring just in case. And our attorney also said if there is any change in income that we had to let him know.

[tunskit]

Thanks! I wouldn't classify it as a change in income, since my six-month average included one large check from February. It really does all average out to about the six-month average by the end of the year.

I looked at the budget, and we are going to have to cash it before the the 341 meeting. I'm going to buy just the groceries and fix the car; clothes and laptop will wait until the meeting, in case he wants a portion (or all *gulp*) of the royalty check. I'll bring my royalty statements along, and if the trustee asks for it, I'm covered w/o having to explain where everything went. If he doesn't ask for the most recent statement, I won't stress anymore about it and will get the clothes we all need, and my new used laptop.