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    Bank Statements

    Why would I need to provide bank statements to my attorney?? And why all the questions about how much I have in my bank account at the time of filing? I know they can take the money if there is a lot but how do they do that? Do they actually automatically withdraw it or do they say "this is what you are responsible for so turn xxx amount over to us"??

    Doesn't the trustee have access to my statements and checking account on his own? My bank is funny about giving out paper statements and I might even have to pay for it. I don't want to have to do that if the trustee is just going to pull it on his/her own to look over my financial situation.

    #2
    Originally posted by Gidgetsbroke View Post
    Why would I need to provide bank statements to my attorney?? And why all the questions about how much I have in my bank account at the time of filing? I know they can take the money if there is a lot but how do they do that? Do they actually automatically withdraw it or do they say "this is what you are responsible for so turn xxx amount over to us"??

    Doesn't the trustee have access to my statements and checking account on his own? My bank is funny about giving out paper statements and I might even have to pay for it. I don't want to have to do that if the trustee is just going to pull it on his/her own to look over my financial situation.
    The money in your bank account on the day of filing is considered an asset. Make sure that your lawyer exempts it and no one will take it. In any case, no one is going to take anything before your 341 hearing so please know that you have some time to research and learn.

    The trustee does not automatically have access to your personal accounts just because you file.

    Printed electronic copies of your bank statements are acceptable so there is no need to order these from your bank as long as you have access.
    California Bankruptcy Central

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      #3
      Originally posted by Gidgetsbroke View Post
      Why would I need to provide bank statements to my attorney?? And why all the questions about how much I have in my bank account at the time of filing? I know they can take the money if there is a lot but how do they do that? Do they actually automatically withdraw it or do they say "this is what you are responsible for so turn xxx amount over to us"??

      Doesn't the trustee have access to my statements and checking account on his own? My bank is funny about giving out paper statements and I might even have to pay for it. I don't want to have to do that if the trustee is just going to pull it on his/her own to look over my financial situation.
      You are asking why your attorney is asking all the questions about how much money you have at the time of filing? Don't you understand that your attorney is on your side, and trying to provide you with the best defense they can? Why wouldn't your attorney want to know everything about your financial situation? With all due respect, why the hostility?

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        #4
        Also, the reason the attorney is asking for your bank statements and all the other back up data is to establish your financial situation as of the date of filing. In order to do that they need a history of your income and expenses. Besides your attorney will notice if there is a pattern in your statements. It is best if you bring up all of your objections directly to the attorney so he knows what your exact situation is before filing. If there is going to be an issue, you want to know well before filing so you and your attorney can handle it before filing. Your attorney has to have the info so he/she can provide it to the Trustee as required and you do not want to surprise your attorney - because that hurts you in the long run.

        Most of your statements should be avail on line (for free)if you did not keep the original bank and cc statements sent to you as the pp stated.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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