bank statmts not req'd for conversion to 7?

[appleae]

We are converting from chapter 13 to chapter 7. Our 341 meeting is next week. Our attorney asked for past 60 days paystubs and 2009 tax return but said checking account statements were not necessary. Does this make sense?

[sah2]

I did a straight Chapter 7 but never needed bank statements - just paystubs and Tax returns.

[brokejoker]

I did a straight Chapter 7 but never needed bank statements - just paystubs and Tax returns.

Ditto this.

[helpmeout]

I guess your Trustee doesn't require it. I had to provide the last 6 months of bank statements.

[empowered]

I also have to provide them to file a new Chapter 7 after a dismissed Chapter 13. Perhaps it's state-dependent. From what I can see, I only need to send one statement to the trustee, the one that includes the filing.

Also, this is just conjective but I wonder if it could be that the fact that you're converting means that they've usually already looked at such things. Perhaps they omit looking at them a second time when you're converting.

[justbroke]

This is always going to be Trustee specific and whether you converted or dismissed and re-filed! if you converted, any money you have is NOT PROPERTY of the bankruptcy Estate!

Justbroke's study guide: A conversion does not change the date on which you filed. A Chapter 13 case that was filed on 1/1/2009 and converted to Chapter 7 on 1/1/2010 is still treated as a case filed on 1/1/2009. The Chapter 7 Trustee can only get at assets you had prior to 1/1/2009. As a matter of fact, most Districts automatically make (and assume) that a Chapter 13 case converted to a Chapter 7 case is a no-asset case!

If you dismissed your Chapter 13 and re-filed, then your petition date changes and all your assets are now back on the chopping block. This is why conversion is preferred over a dismiss and re-file anyday!

A good example of this is what happened on my conversion. All the money left in my account, up to the day of conversion, was given back to me in 2 checks... and totals over $13K. This is because the money is NOT property of the Chapter 7 Estate.