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Trustee, bank staments, and cash withdrawls....oh my!!

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    Trustee, bank staments, and cash withdrawls....oh my!!


    #2
    GF was instructed to bring her last 3 bank statements prior to the filing date (not the 341 date). She filed 8/31, so we brought June, July & August.

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      #3
      I looked up IL's exemptions & found 2 things that should cover you:

      WAGES
      Minimum 85% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
      740-170/4

      For PTO it might be argued that the amount was earned before filing, making it an asset of the BK estate. (Forgive me if I don't use the correct terms.) But you can claim 85% of it as exempt.

      WILD CARD
      $2,000 of any personal property
      735-5/12-1001(b)

      Also, if you didn't use the WC for anything else, you could claim that towards a tax refund. Assuming you filed on 9/29 then the court would normally be able to claim 75% of your refund as you filed at the end of the 9th month. So, by using your $2000 WC, the first $2,666.67 of a refund would be clear. (And I believe the only part of the refund that is subject to the BK is actual 'income tax' NOT EIC or child tax credits.)

      You could amend your petition, include these items as assets, and claim exemptions for them...
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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