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Using wages earned pre-filing for bills/necessities?

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    Using wages earned pre-filing for bills/necessities?

    Location: Oregon

    Had $1100 in checkings and $1400 in earned but unpaid income at time of filing. Can these assets be used for bills/necessities?

    Edit: I am waiting for 341 meeting mid April if it matters.

    #2
    Generally speaking, the Trustee will ask only if it seems like a lot of money disappeared. They know and understand that people must live and spending money for the health and safety of themself and any family are important and not "luxury" purchases.

    Hopefully you used exemptions to cover any cash, anticipated cash, or anticipated tax refunds. Just as an extra measure.
    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.

    Comment


      #3
      Hi justbroke. Thank you for the reply!

      I didn't try to exempt any checkings cash or unpaid wages as I think in Oregon there is only $300-$400 in cash you can get exempt?

      Is $2500 even something a trustee would take when you're already so broke?

      Though I did file for exemption for my only vehicle, a motorcycle worth ~$2750. As well as a $300 laptop.

      Comment


        #4
        I believe that Oregon allows you to choose the federal exemption scheme. As I wrote, I'm unsure if the Trustee will go for it, but you never know. This is not advice, but Oregon does have exemptions to protect enough, but the federal exemptions may have exempted everything you listed quite easily. I am not suggesting you change your exemptions, but maybe the Trustee would be nice and not go after the money.

        Did you file on your own?
        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.

        Comment


          #5
          I did file on my own. Probably not the smartest move but I'm not too worried about losing anything. Just have $2500 in checkings and the motorcycle/laptop.

          I emailed the trustee and explained alot about my situation/ intentions/future plans and he even gave me consent to dispose of any items worth less than $2k.

          I messaged him several more messages, probably too much lol and he didn't respond lol.

          So it seems he might be lenient with the non exempt money idk, well see come April 16th at tye meeting I suppose. I guess I'll just keep motorcycle and $2500 in checkings safe until I know for sure.

          Will I know what the trustee wants/doesn't wants at the meeting? If he doesn't want anything will I be safe to sell/spend? Or should I wait till after dicharge/case closes completely?

          thanks again!

          Comment


            #6
            Typically once your Trustee is assigned, you go to their website to find out what they require within 7 days of the 341 Meeting. It's things like tax returns, current bank statements, and typically copy of your registration/title for any vehicle. You need to find out. You should contact the Trustee again and ask what they require before the meeting.

            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.

            Comment


              #7
              I sent over paystubs and most recent tax return as a paper I got in the mail requested I do. I also emailed him pictures of my social security card and license per his request. Don't think he has a website and don't recall a website being mentioned on the couple pieces of mail I got.

              Comment


                #8
                Just double check what they need and you should be good to go.
                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.

                Comment


                  #9
                  Thanks for all your help! Just sent an email asking

                  Comment


                    #10
                    Also I think maybe there was miscommunication when I said "Will I know what the trustee wants/doesn't wants at the meeting? If he doesn't want anything will I be safe to sell/spend? Or should I wait till after dicharge/case closes completely?"

                    I was referring to my assets of what the trustee wants/doesn't want

                    Comment


                      #11
                      I would wait until after the 341 Meeting. They would probably tell you then what assets they are expecting to go after.
                      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.

                      Comment

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