Our register balance showed 0 before we filed, but we had two payments that hadn't cleared yet so we didn't take out the money from our account. Our bank balance showed $179.86, but we actually only had $52.00. Should we have removed the $52.00? Why is this important? Will we lose this money during the Bk process? What about the fact that we had two checks that hadn't cleared yet for utility payments? Does it matter that our bank balance was showing high? One payment was for child care and I didn't want the check to bounce. We didn't realize until the day we filed that we should have stopped writing checks weeks ago. Our attorney never mentioned this to us. We also hadn't even made our mortgage payment yet, which we had to take from my husband's retirement to make. Will they not allow our Ch. 7 filing now because our bank balance was over a certain amount? Thanks for the feedback. I'm a little confused about how it all works.
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I filed with quite a bit of money in my account... I have high expenses though and my attorney says the Trustee understands that just because you have money in your account it doesn't meant that you "have money." I have my 341 meeting this Wednesday... Guess I will see for sure then
State: MI
Filed: 09/09/05
341 Meeting: 10/19/05 - DONE - My Experience
Last Day For Objections: 12/19/05
Case Closed: 01/13/06 (Friday The 13th!)
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I used the sam attorney as my friend and he had $600, but told the trustee that since he has a negative cash flow it's not really there. This was fine. This attorney told me not to have more than $50 on the filing day. I wrote checks and did not do that as if they hit that day they could have bounced. If the trustee wants the 170, he can have it.
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I only get paid once a month, has to be direct deposited, we filed shortly after I was paid, it showed way more in the bank than my register showed, but I went to the bank and checked my account and gave the attorney both figures. They know for the most part that checks are probably still coming in. What they are looking for is $1000's in there.
Also remember that the trustee already has access to what money comes in and goes out, it don't take a rocket scientist to figure out that if you have $5000 of income and $4900 outgo that you shouldn't have more than $5000 in the bank at any one time.
I'll be watching, you may never know when or how, but I'll be there. I am there now....
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