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What are trustee's looking for in bank statements?

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    What are trustee's looking for in bank statements?

    Are they just looking to see your ending balance in the 6 months prior to filing?

    #2
    Assuming they even look at them, they are looking for any large deposits or withdrawals. They also use it to cross check your income, so they are looking to see the amount of the regular deposits.

    Comment


      #3
      Is that also for tax returns?

      Comment


        #4
        I brought statements for all of my accounts to court the day of the 341 and the trustee did ask to see them. All in all he spent about 2 seconds on each one and handed them back to me.
        9/5/2008 Chapter 7 Filed
        10/14/2008 341 Hearing held
        12/16/2008 Discharge granted!
        12/29/08 Case Closed!

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          #5
          how many months back did you bring?

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            #6
            Our trustees check to see that the balance the day of filing is the same as what we put in the petition.

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              #7
              The reason for asking is I provided all of my pay stubs to my attorney, but some of them I can't find, the ones I can't find will show up on my 6 months of bank statements, will that be an issue?

              Comment


                #8
                Originally posted by sparkle12 View Post
                The reason for asking is I provided all of my pay stubs to my attorney, but some of them I can't find, the ones I can't find will show up on my 6 months of bank statements, will that be an issue?
                Most likely will be an issue---You need to supply all of your pay stubs. You may or may not need your bank statements. Your bank statements do not provide proof of pay simply because anyone can have funds diverted elsewhere or not deposited at all.

                Can you get electronic copies of the pay stubs you are missing or can your HR department provide documentation for you? One poster posted recently that he was asked for the missing paystubs at the 341--his case has been delayed due to this.

                I would seriously get on top of this now were I you. And if your attorney is on top of things, he will ask for the missing pay stubs before he even files for you.

                Good luck,
                ep
                California Bankruptcy Central

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                  #9
                  I get paid by check from individuals, so HR wouldn't apply to me.

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                    #10
                    Also, the amount isn't the same all the time, I get paid according to the work I do from individuals, I work from home.

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                      #11
                      Originally posted by sparkle12 View Post
                      Also, the amount isn't the same all the time, I get paid according to the work I do from individuals, I work from home.
                      You said you couldn't find all of your pay stubs. That suggests that you are being paid by a consistent employer(s). If you have your own business, that is a whole other can of worms.

                      Not sure exactly what you provided to the attorney, but most likely you are going to need to provide an up to date P&L statement and proof (receipts, invoices,etc) to back it up.

                      Bank deposits do not suffice as proof of income.

                      ep
                      California Bankruptcy Central

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                        #12
                        Yes, I am paid by the same people all of the time, but I don't own a business, I just do work from them out of my home.

                        I always made copies of every check I received, but when I looked at my online bank statement, that made me aware that I was missing some for one month. When I gave my attorney all my copies for 6 months, he didn't say anything, I just realized this when looking at my online bank statement.

                        Comment


                          #13
                          Originally posted by sparkle12 View Post
                          Yes, I am paid by the same people all of the time, but I don't own a business, I just do work from them out of my home.


                          I always made copies of every check I received, but when I looked at my online bank statement, that made me aware that I was missing some for one month. When I gave my attorney all my copies for 6 months, he didn't say anything, I just realized this when looking at my online bank statement.

                          Did you do the calculations for your income or did your attorney? If your attorney did them from what you provided, he isn't going to know that you are missing anything.

                          You need to make him aware of the situation..the sooner the better. The last thing you need is the trustee questioning your bank statements at your 341.

                          Any discrepancy between the documentation you have provided and your bank statements could make the trustee doubt your integrity. Not saying it absolutely will, but why take that chance?

                          Play it safe and take care of it now. Call your lawyer.

                          Good luck to you,
                          ep
                          California Bankruptcy Central

                          Comment


                            #14
                            Originally posted by sparkle12 View Post
                            Yes, I am paid by the same people all of the time, but I don't own a business, I just do work from them out of my home.

                            I always made copies of every check I received, but when I looked at my online bank statement, that made me aware that I was missing some for one month. When I gave my attorney all my copies for 6 months, he didn't say anything, I just realized this when looking at my online bank statement.

                            If they are a legitimate employer, they are withholding taxes and SS, etc. and should have record of your pay inasmuch as they need to report that information to the IRS. You should also have their contact information inasmuch as they send you a hard check. There is no reason if you are beig paid legitimately that you cannot obtain copies of any payment information from them or a breakdown statement.
                            _________________________________________
                            Filed 5 Year Chapter 13: April 2002
                            Early Buy-Out: April 2006
                            Discharge: August 2006

                            "A credit card is a snake in your pocket"

                            Comment


                              #15
                              My attorney did the calculations according to what I gave him for 6 months. I gave him everything I had. If I am not able to find the copies of the checks, do you think a copy of the invoice is good? I send an invoice when it's time for them to pay me.

                              Comment

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