Personal checks that I've written.

[TheAbyss]

This may be a dumb question. I tried doing a search for this, but I didn't come up with anything. Will the trusties and/or creditors know where my written personal checks went? As far as I know, I'd need to supply bank statements. The statements show the check, and the amount. But there's no way to see where they went unless the photo copy of the canceled check is seen, by clicking on it from my bank account's website. Or will this information be given to them by my bank, if it's legal? Or will I be legally obliged to tell where the checks went?

Thanks in advance, and sorry if this is a dopey question.

[keepmine]

Unless they have a reason to really start digging into your bk, they have no reason to ask.
If, you get hit with a fullblown 2004 examination they may well require that info.

[yuckhatethis]

The trustee in my case specifically asked for copies of checks that I had written. He was looking into how I was able to stay current on all cc's with minimum payments of nearly 1000.00. (I was playing the shell game with 5 different cc's-he just wanted to verify it).

[blankslate]

In a case that really shoved me into bk of the city vs me, the city's attorney subpoenaed ALL of my banking records going back for two years that had absolutely nothing to do with my case other than to make me look like a scumbag who had trouble paying the bills. They got every cancelled check, every debit purchase and every record of anything ever bought online so they could tear me apart and intimidate me. It's amazing how you think you're doing nothing wrong but when under the microscope can be completely humilated. I had the city's lawyer giggling over my purchase of an adult toy I'd bought as a joke for my friend going through a terrible divorce. It worked. I fought for a while but I finally had to fold when I had nothing left to fight with. In principal, I was in the right and they were in the wrong but that didn't matter anymore.

From now on, I only pay bills with either cash or money orders. I learned that anything that can be traced back can and will be used against you.

[TheAbyss]

The trustee in my case specifically asked for copies of checks that I had written. He was looking into how I was able to stay current on all cc's with minimum payments of nearly 1000.00. (I was playing the shell game with 5 different cc's-he just wanted to verify it).

You mean he wanted to verify that the checks that you had written, were being sent to pay off other credit cards? In other words, you didn't use any online bill-pay, to pay off your cards, so that he could verify it that way? (By looking at electronic transfers in your statement)

I'm in a similar situation, I think. I used other cards to stay current with monthly payments, through cash advance checks, deposited into my account. It shows that payments were being made to my CC accounts by elctronic transfer. Around $800.00 in monthly CC payments.

I've been also writing a monthly check for $400.00, for something other than CC payments. I'm not sure what the outcome of that, will be...I'm not sure if it's gonna likely be scrutinized or not.

[TheAbyss]

In a case that really shoved me into bk of the city vs me, the city's attorney subpoenaed ALL of my banking records going back for two years that had absolutely nothing to do with my case other than to make me look like a scumbag who had trouble paying the bills. They got every cancelled check, every debit purchase and every record of anything ever bought online so they could tear me apart and intimidate me. It's amazing how you think you're doing nothing wrong but when under the microscope can be completely humilated. I had the city's lawyer giggling over my purchase of an adult toy I'd bought as a joke for my friend going through a terrible divorce. It worked. I fought for a while but I finally had to fold when I had nothing left to fight with. In principal, I was in the right and they were in the wrong but that didn't matter anymore.

From now on, I only pay bills with either cash or money orders. I learned that anything that can be traced back can and will be used against you.

I do have some potentially embarrassing purchases in my history...I hope I never have to go through that. City lawyers giggling over past purchases? How professional.

I should have started using cash for that $400.00 monthly payment, once I suspected that I may have to file. But I wasn't aware of this forum at the time, with all it's useful information. So hindsight is always 20/20.

[yuckhatethis]

He just wanted to verify how money was being spent I guess. I only had like ten or fifteen checks written during the whole six month period, all of my bills (including credit cards) were paid online (and actually most were paid with another credit card-I was in denial for a very long time). However, I paid my babysitter by check and that runs about 785.00 a month. I think he also wanted to make sure that's where those checks were going. He was very reasonable and obviously just wanted the verification.

You mean he wanted to verify that the checks that you had written, were being sent to pay off other credit cards? In other words, you didn't use any online bill-pay, to pay off your cards, so that he could verify it that way? (By looking at electronic transfers in your statement)

I'm in a similar situation, I think. I used other cards to stay current with monthly payments, through cash advance checks, deposited into my account. It shows that payments were being made to my CC accounts by elctronic transfer. Around $800.00 in monthly CC payments.

I've been also writing a monthly check for $400.00, for something other than CC payments. I'm not sure what the outcome of that, will be...I'm not sure if it's gonna likely be scrutinized or not.

[blankslate]

I do have some potentially embarrassing purchases in my history...I hope I never have to go through that. City lawyers giggling over past purchases? How professional.

I should have started using cash for that $400.00 monthly payment, once I suspected that I may have to file. But I wasn't aware of this forum at the time, with all it's useful information. So hindsight is always 20/20.

Hopefully yours won't go like that. In my case it wasn't about bankruptcy, it was about the city wanting the land I was living on to build a hotel. I joined a class action suit and it really looked like we were winning until the city decided to sue each of us as individuals. A case heard by a city commissioner no less.. I should've known to just walk away and let them have whatever they wanted but I fought on principal because I had done nothing wrong. And on a lawyer being professional... you have no idea how ruthless this woman and her team were. They set out to DESTROY those who fought back and laughed about it when they found a weak spot. They kicked elderly people out of their homes they'd lived in for 40 years and felt no remorse. Even worse, she flirted with my attorney and he fell for it. After I got the gavel hammered down on me she turned to my attorney and said "So, we're up against each other next week for another case. Let's have lunch and talk about it" (hair flip, eyelash batting) He said ok and they walked off and left me standing there. I'd just paid my attorney $5000 just to lose everything and find myself homeless and he celebrated with the attorney who did it to me.

Anyone wonder why I filed pro se? I never want to play into that game again. I'd rather do it all myself and blame myself for my screw ups than trust another "professional" with my life.

[TheAbyss]

Hopefully yours won't go like that. In my case it wasn't about bankruptcy, it was about the city wanting the land I was living on to build a hotel. I joined a class action suit and it really looked like we were winning until the city decided to sue each of us as individuals. A case heard by a city commissioner no less.. I should've known to just walk away and let them have whatever they wanted but I fought on principal because I had done nothing wrong. And on a lawyer being professional... you have no idea how ruthless this woman and her team were. They set out to DESTROY those who fought back and laughed about it when they found a weak spot. They kicked elderly people out of their homes they'd lived in for 40 years and felt no remorse. Even worse, she flirted with my attorney and he fell for it. After I got the gavel hammered down on me she turned to my attorney and said "So, we're up against each other next week for another case. Let's have lunch and talk about it" (hair flip, eyelash batting) He said ok and they walked off and left me standing there. I'd just paid my attorney $5000 just to lose everything and find myself homeless and he celebrated with the attorney who did it to me.

Anyone wonder why I filed pro se? I never want to play into that game again. I'd rather do it all myself and blame myself for my screw ups than trust another "professional" with my life.

The more I read, the more I think that I'm gonna be forced to use a petition preparer, myself. Do you use one? Not because I want to, but because I wont be able to afford the attorney. Anyway I'll go for a free consultation to see what he has to say, But I'm pretty sure it's not gonna be good news. At least I'll be able to ask a few questions, and hopefully pick up some useful info, even if I am forced to use a PP.

[blankslate]

I downloaded all of the forms from the website for my bankruptcy court and filled them out myself while asking questions on this forum and doing searches for other answers. Mine ended up messy by my own fault. I was given a deficiency notice at the time I filed for a summary and I didn't make sure it was filed correctly by the deadline.

It really isn't that difficult if you are a no asset case. If you are, then you might want to ask around. I check the court schedule for my particular judge to see what kind of motions and hearings she is ruling on and wow, things can get complicated for some folk!

[TheAbyss]

I downloaded all of the forms from the website for my bankruptcy court and filled them out myself while asking questions on this forum and doing searches for other answers. Mine ended up messy by my own fault. I was given a deficiency notice at the time I filed for a summary and I didn't make sure it was filed correctly by the deadline.

It really isn't that difficult if you are a no asset case. If you are, then you might want to ask around. I check the court schedule for my particular judge to see what kind of motions and hearings she is ruling on and wow, things can get complicated for some folk!

I'm pretty sure that I'll be a no asset case. I have a cheap old car, and some old furniture which I'm pretty sure will be exempt. And almost no income, as of late.

An objection to my filing is highly probable. Possibly for money obtained under false pretenses, false representation, or actual fraud. I've also been writing checks to a family member for $400.00, monthly. I'm not sure if they'll find out where my checks went. So at the very minimum, there will be a probable objection, and possibly a need to reaffirm in a BK7. If not, worse. (Not sure about BK13)

All the reading I've done on lawyers, seems to indicate that being represented for a reaffirmation process, is extra. So I'm pretty sure that I'm already screwed. because I can't pay for that, in addition to the $1500-2000 (I hope) It would cost in lawyer fees, to file in less complicated cases.

So if it's a given that I'm screwed, then why am I paying thousands of dollars extra to a lawyer? I may as well be screwed for a couple of thousand dollars less. But maybe the consultation will change my mind, I'll have to find out. I'm really gonna try to find out if I'd be better off with a chapter 7 or 13, given the likely objections.

[GWBcasualty]

I'm pretty sure that I'll be a no asset case. I have a cheap old car, and some old furniture which I'm pretty sure will be exempt. And almost no income, as of late.

An objection to my filing is highly probable. Possibly for money obtained under false pretenses, false representation, or actual fraud. I've also been writing checks to a family member for $400.00, monthly. I'm not sure if they'll find out where my checks went. So at the very minimum, there will be a probable objection, and possibly a need to reaffirm in a BK7. If not, worse. (Not sure about BK13)

All the reading I've done on lawyers, seems to indicate that being represented for a reaffirmation process, is extra. So I'm pretty sure that I'm already screwed. because I can't pay for that, in addition to the $1500-2000 (I hope) It would cost in lawyer fees, to file in a less complicated cases.

So if it's a given that I'm screwed, then why am I paying thousands of dollars extra to a lawyer? I may as well be screwed for a couple of thousand dollars less. But maybe the consultation will change my mind, I'll have to find out. I'm really gonna try to find out if I'd be better off with a chapter 7 or 13, given the likely objections.

Based on what you say you own next to nothing and have very little money as you cannot afford anything extra for the lawyer.

Ergo:
1) Why would are you concerned about a CH13?
2) Given your admission of fraud, why would you file in the first place.... aren't you judgment proof?

[TheAbyss]

Based on what you say you own next to nothing and have very little money as you cannot afford anything extra for the lawyer.

Ergo:
1) Why would are you concerned about a CH13?
2) Given your admission of fraud, why would you file in the first place.... aren't you judgment proof?

I don't know, am I? I'm pretty new to all this Bankruptcy stuff...did I overlook something? Even if I were, They would garnish future wages, wouldn't they?

[GWBcasualty]

Even if I were, They would garnish future wages, wouldn't they?

Beats going to jail!