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Is whatever I deposit into my bank account safe from trustee after filing for Chapter 7? As far as creditor's meeting, will

New York, NY |

the trustee have to look at my bank account balances again before or during the meeting? Can I deposit money without worrying that the amount is non-exempt?

Attorney Answers 6

Posted

First, your question is "whatever" you deposit. The answer depends..if it is for earnings earned after you file or a gift from someone or someone elses asset, then it would be deemed "safe" in that the trustee cannot legally seize it. The trustee "steps into your shoes" when you file. Thus, he can only use assets of the estate as they are called. If it is rent from an asset of the estate that could be seized. However, no matter what, if the assets ARE assets of the estate, you then want to exempt said assets in full if possible. If so, the trustee could seize but would have to release them later. As a practical matter, trustees only receive $60 in your case assuming it is a "no-asset" case and thus don't waste time on cases .My advise is if you owe that bank money do NOT deposit any monies into it..if you don't, I don't see any problems ever. With respect to your question on wehther the trustee "have" to look.."before or during the meeting" the law requires simply you to provide the trustee copies of any bank account statement which includes the date of filing in the range of the statement. Thus, you provide that at least 7 days before the meeting. The trustee is normally done at that point. ! He can always ask for anything he or she wants to..but if all exempt there would be no reason to waste their time unless something makes them want to inspect something! Good luck and I hope my answer assists you.

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Asker

Posted

Very insightful! Thank you.

Asker

Posted

My attorney asked that I give him a printout on the day I file of the current balance in all my bank accounts. Is this what you are referring to or do I have to submit an additional bank document/statement at least 7 days before the meeting?

Richard D. Granvold

Richard D. Granvold

Posted

As long as it has the date of filing in the date range. The trustee can ask for more if trustee wants to but normally would not as only assets owned on date of filing are estate assets not what you earn later..but must give trustee whatever they ask for later.

Posted

Review this with your attorney prior to filing. It is the date of filing which creates the bankruptcy estate, so you will want to work with your attorney to make sure that your balance lines up with the applicable exemptions. You can find one here using the Find A Lawyer tab or use the link below.

I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.

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Posted

Any money that you receive after you file for bankruptcy is safe UNLESS it was due to you before you filed for bankruptcy.

Answers are provided for direction only; it is not a substitute for an office consultation.

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Posted

Due before filing?

Edward Papa

Edward Papa

Posted

such as a bonus or commission earned but not received before filing. The trustees ask at 341 hearing if anyone's owes you money. Your attorney needs to know all the facts to help you.

Posted

What you receive after filing and deposit in your account is of little concern to the trustee, unless it was due to you before filing and you did not disclose it on your bankruptcy papers. See an experienced bankruptcy attorney for the specifics of your case.

This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.

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Posted

Bankruptcy does not come with any guarantees, but as long as you act honestly and with integrity, you shouldn't have to worry. Hope this perspective helps!

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Posted

Any bankruptcy proceedings are subject to a 90-day lookback period, so that any monies due you in that 90 day period that are paid subsequent to the filing could still be subject to the bankruptcy. One of the most common tactics parties in bankruptcy used to try to hide assets from creditors used to be the old hide-the-money-in-shifting-transactions trick.

This does not mean that you are doing this, it is just meant as a means to demonstrate why the Trustee in Bankruptcy will look carefully at where the money is coming from.

So, ultimately, the answer is that it depends.

This does not constitute legal advice or the engagement of my services as an attorney.

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