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Trustees and bank statements at 341 meetings

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    Trustees and bank statements at 341 meetings

    Hi got a question--my attorney's assistant said it was standard for all bk debtors to furnish their bank statements at the 341 meetings. What does the trustee normally do with the debtors' statements, he or she looks at these statements carefully or just skim them over at the meeting? My attorney's assistant said I can bring them over on the day of the 341 meeting. So I am trying to be careful what to pay for, etc as they appear on my bank statement before the meeting. Thanks!
    Chapter 13 filer since Feb. 2018 under a 60 months payment plan
    Please think positive and do not give up!

    #2
    Many trustees ask for account statements up to filing day - usually they want back six months to a year.

    They are primarily looking for unusual deposits, withdrawals, purchase of luxury items, etc. They aren't going over the accounts with a fine-tooth comb unless some kind of fraud is suspected - they just don't have the time.

    If your accounts are showing normal in and out patterns, you'll be fine.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      What about a deposit every now and then with funds from a item you sold to pay a CC?

      I sold a few items when I was low on cash over the last year to help try to pay a few of these CC. Will I have to account for every deposit?

      Comment


        #4
        I hear ya... I had a christmas club started and closed it last mth to pay my retainer fee for the attorney... I guess if asked I can justify that one... My best bet would be to take the check registers for the last 6 mths with me also ... It's so funny but money goes sooooo very quickley...There is always something to pay and just not enough money...
        Those who live in glass houses should not throw stones
        Chapter 13 filed 10-21-09
        Discharged 4-13-15

        Comment


          #5
          Originally posted by klandsb View Post
          I hear ya... I had a christmas club started and closed it last mth to pay my retainer fee for the attorney... I guess if asked I can justify that one... My best bet would be to take the check registers for the last 6 mths with me also ... It's so funny but money goes sooooo very quickley...There is always something to pay and just not enough money...
          I agree with you on that one
          Filed on 7-17-09
          waiting for 341
          341 meeting 8-21-09
          discharged/ case closed 12/23/2009

          Comment


            #6
            our trustee sent us a letter about a week after the case was filed. He asked for us to provide what the attorney had asked us for.Our attorney warned us that out of 7 trustees(her being one) we would get the letter and PLEASE respond to it. At the 341 hearing he handed it all back to my Dh. He thanked us for allowing him the time to review the papers. Seeing as he's gonna see the papers sooner or later, why not keep peace.

            Comment


              #7
              I was asked to bring all open bank statements to the 341 as of the DATE OF FILING to give to the Trustee. That was it. No credit card statements, etc. She did take a copy of the insurance on vehicles and my 2008 tax returns which I had furnished in advance, along with my letter from social security showing my monthly income from there. I also provided the tax statement and mortgage statement (which I am keeping) on my home. My IRA statements printed online did NOT state IRA Retirement account, so an objection to exemption was filed as a precaution prior to proving the account was exempt. I have now furnished this information and am waiting for the objection to show satisfied on Pacer. My 60 days are up in mid Sept. Hope nothing else pops up.

              Comment


                #8
                Our lawyer sent all bank statements and other paperwork to the Trustee as soon as he was assigned. Nothing additional was required at our 341 and the Trustee gave all copies back to us.
                Filed Chapter 7: 06/29/2009 , 341 Meeting: 08/12 , Discharged: 10/16, Closed: 10/18

                Comment


                  #9
                  Odd question: I filed in July and my 341 is on 9/11. As of now I still haven't heard a word from my assigned trustee. In our district, we do the phone interview with them prior to the 341. I called my atty yesterday and asked if they had heard anything and they informed me that this trustee's assistant (I'm guessing he/she is the one who arranges all the pre-341 stuff) had been out of the office for a couple of weeks and that they are really backed up.

                  My case is really straight forward, I have no assets and it's all CC debt, so when I filed I gave my atty a copy of bank statements, tax returns and all that. If by Thursday, I don't get any mail from the trustee, I'll call my guys back but in the mean time, since I'm fairly close to my 341, what if the trustee asks for something that takes a longer time to get, more copies of my CC statements (prior to filing, I had been in a debt management plan since last October, so there's zero activity since then), would that be my fault or the trustee for not contacting me sooner? I've heard that a lot of people usually got their trustee letters just a week or two after filing and it's been over a month for me.

                  Comment


                    #10
                    Our atty had us provide 6 months of bank statements to him a week before the 341. He said the trustee got the statements and tax returns then. At the 341, the trustee did look at everyone's bank statement and did ask questions about large withdrawals. He also wanted a print out of our account as of the day of filing to show the balance. There was a guy there that had made about 6000.00 of withdrawals and used it at the casino and he was very rude to the trustee when questioned about it. I had made two large withdrawals but had the receipts to show the bills I paid. The trustee would have continued my 341 if I hadn't have had those receipts he said. So if you make any large withdrawals be sure to know what it was spent on.

                    Comment


                      #11
                      Just curious when u say large withdrawls like how much ??? $100, $500... I am just wondering because I am right in the middle of changing banks. (what a hassel) Anyway after my last paycheck I took most of the money out and bought some money orders to pay some things .... I have my fingers crossed that this Fridays paycheck goes into my new account
                      Those who live in glass houses should not throw stones
                      Chapter 13 filed 10-21-09
                      Discharged 4-13-15

                      Comment


                        #12
                        1000.00 appeared to be the magic number.

                        Comment


                          #13
                          Ah, the bank stuff I'm not worried about. I deal only in cash now but except when I was taking out money for the atty's fees, I never took out over $4-500 and all of that went to groceries and to my aunt for my share of the utilities and house payments. I was just more concerned about cc statements because as soon as I told them I filed, they completely locked me out of the online account access, so if he needed more of those, playing phone tag and snail mail could take a while.

                          Comment


                            #14
                            Originally posted by NewLifeAhead View Post
                            Our lawyer sent all bank statements and other paperwork to the Trustee as soon as he was assigned. Nothing additional was required at our 341 and the Trustee gave all copies back to us.
                            same here.
                            Filed 8/2009
                            Discharged & Closed 11/2009
                            Now the rebuilding begins....

                            Comment


                              #15
                              We brought ours but the trustee never even looked at them.
                              4/09 Converted to a Ch 7 due to loss in dh's income
                              5/09 UST now involved no idea what happens next
                              7/09 UST has decided to withdraw his motion to dismiss!
                              7/27/09 DISCHARGED!!!

                              Comment

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