Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Documents Requested by Trustee- Help

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  • Documents Requested by Trustee- Help

    I filed pro se Chapter 7 last week, and just received notice of our 341 date as well as the documents requested by our trustee.

    I have a question regarding the 90 days of bank statements. Obviously, I did not hide anything on our schedules. However, looking through statements, I had a few questions/concerns that I hope are non-issues.

    My son has some special needs and we ended up putting him in private school this year after years of struggle. Obviously, we could not afford it given our circumstances. Next year, we have an IEP in place and it is out greatest hope that this will make a big difference. However, I realize how this could possibly look that we paid the school $2050 three months before filing, when we were not paying our creditors. Furthermore, a few weeks after making this payment, my in-laws gifted us $2000 to help us out with that tuition. We also cancelled a vacation booked from a year ago (thank goodness for insurance) and that money (3K) was deposited into our checking account as well. It does not put us over the means test, simply looks questionable to have a month that has $5000 of income more than prior months.

    My question is....should I contact the trustee and explain this- maybe via email? I would really like my in-laws to not be involved as they are unaware that we are filing, and hate the idea of them being questioned for gifting us funds, as well as do not want my children's school contacted, past or present. I also don't want to appear suspicious making a non-issue into a big issue. I just wanted suggestions on the matter. Thank you ALL! This process is stressful!!!

  • #2
    Do not send to the trustee anything other than what was asked for. Do not write an explanation for anpything except documents you cannot send.

    At the 341 the trustee will ask about anything he feels is amiss. Be prepared to answer every question then.

    There is no reason the trustee would talk with your in-laws or anyone else giving you a gift. There will be questions about the manner in which you spent the money. That tuition payment comes to mind. I read that trustees were even clawing back the tuition payments made for college for the kids. prepared for the trustee to demand that money back...not from you...from the school. You may end up with that tuition payment being added to the creditor matrix and discharged.

    if you did not exempt this money, you may have to pay it to the trustee. If you have left over exemption that you can use...file an amended petition to include this additional money in the exemptions...if you can


    • #3
      Geeznotwhat- I do have leftover exemption money. Do you suggest that I file the amended petition now regarding how I spent that money, or wait until 341 meeting and see if it becomes an issue?


      • #4
        A bit different - but our kids go to private school. It is $600 a month for the fees. I put it on the BK application as one of our monthly expenses (you know where it gives you an allowance per child? - I put down the full allowance and then added the difference to expenses and said what it was). We were prepared to tell the trustee that we could pull the kids from the school to save money (but ironcally now that we aren't paying credit card debt and loans, we can actually afford it). Had the 341 meeting today - it was never referred to at all. I knew it might look iffy (iffier than the public schools in this area, LOL) - but I figured just be honest then deal with any questions.


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