Quick question

[Topaz]

I was just curious....Does the courts have access to your bank account as far as seeing all transactions or current totals? Do they bother looking?

Reason i'm asking...I had my mortgage money in the bank and it was going to be late if I wrote a check,,so I took cash out and got a money order. Just didnt want it to be a problem.

Not sure if they have access to seeing all transactions.

Thanks, Topaz

[lrprn]

The courts have access to your bank account if they want to see it. Typically all you'll be asked is the total in each account on the day of fiing. The trustee, judge, or your lawyer may ask for documentation of what you've spent from your accounts if there's some suspicion of preferential payments, that assets are being withheld, that fraud is being committed, or if your creditors have objections related to money exchanging hands. The Ch 13 trustee can ask for some months of account documentation to be brought to the 341 meeting if they see an issue while reviewing a Ch 13 plan before the meeting.

What you've described can be documented if you are asked by showing the court the receipt from the money order made out to your lender....shouldn't be a problem.

[aa06a47]

I was just curious....Does the courts have access to your bank account as far as seeing all transactions or current totals? Do they bother looking?

Reason i'm asking...I had my mortgage money in the bank and it was going to be late if I wrote a check,,so I took cash out and got a money order. Just didnt want it to be a problem.

Not sure if they have access to seeing all transactions.

Thanks, Topaz

I don't think they can do that without a court order. Of course, they can ask for bank statements which you must provide. I think once your case is confirmed, past the date for creditor objections, there is little or now reason for them to go on a witch hunt. I don't think they can even really tell chapter 13 people how to spend there money.

[SinkingFast]

Topaz,..........

What I do for payments like that is write a check to the Bank and have the Bank draw up a Cashier's Check.

We get a mini copy of each check written with our bank statement every month. So I write the check to the Bank and note on the check it's for Rent to XYZ company for July, 2006. Funds are immediately withdrawn from the bank acct so no worries about waiting for the check to clear. Also, I have a double record of the payment. Copy of the check from the Bank showing what it was written for, and the Cashier's Check Stub from the Bank as well showing who the money was paid to.

Really, the only money in your Bank acct that you should have to worry about is the money in there on the day you filed. And your attny will probably have that covered with an exemption.