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    Filing an Amendment

    Bear with me if started an duplicate thread. I am new to this!

    I just filed Ch. 7 on 6/15/09 - it was not an easy decision but after weighing all the options, it was the best choice. Went over everything at two different meetings with my attorney. Passed the means test, everything was in order. I received my notification for my 341 hearing and the notice from the bankruptcy court that there is no presumption of abuse.

    Monday I get a phone call from my atty saying that the trustee is auditing my paperwork and says that I submitted two identical paystubs for Dec 2008 and the total on the final paystub does not match the income on my 2008 tax return. I said I would review the information and send him new copies of everything - paystubs, W2's, tax return, etc. In reviewing them again, I realized that the discrepancy was the amount of money I made last year at my part time job. I did submit those to my atty. So it's looking like my attorney didn't submit those with my initial filing and I now have to file an amendment.

    The difference is $1200 and it still puts me under the means for my state but I am afraid that this is going to flagged as fraud. That I deliberately didn't submit this as income when I did in fact give the pay stubs to my atty. Over the first 6 months of '09, I have only earned $372.00 at my part time job so it's hardly a steady stream of income. They call me, I work, that's it. There's no regular schedule.

    Thoughts?

    #2
    No, it won't be flagged as fraud. You in fact did provide your Tax Return which indicated what you reported to the IRS. If you had underreported to the IRS, that would be a different story (and I still don't see how that would even trigger anything with the IRS as you could still file a 1040X correction up to 5 years after the fact).

    They are just doing their job and wondering why there's an inconsistency. They are not going to bother you over $1,200 especially since you're still under the median. I don't see any issues at all.

    Again, if you were under-reporting income, that's one thing. But you were, in fact, "over-reporting" income so they were just wondering why. I'm guessing, pure guess, that the Attorney did include it in the calculation, but the paystubs didn't match your petition and that's what through-off the Trustee's office.

    If your lawyer says relax, no worries... then no worries!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thanks so much! I feel much better.

      Comment

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