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Bank Statements Before 341 MOC?

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Anonymous
Not applicable

Bank Statements Before 341 MOC?

So I've read a lot about prior to the MOC and what trustees usually request.  Bank statements were one of them.  I emailed my lawyer asking how many months I should prepare to be ready to send to the trustee.  His response was that in the past 10 years he has only had one trustee request them due to a sticky situation with a petition and for a US Trustee.  He said usually the tax return is sufficient.  I've read a lot about trustees looking for transfers of money or something that could be converted as an asset from the statements.   Seems this may vary by district, but it seems a tax return from last year doesn't paint the total picture of your situation?   Is this fairly common?

 

 

Message 1 of 6
5 REPLIES 5
Caliboy97
Contributor

Re: Bank Statements Before 341 MOC?

I gave two years with of tax returns and 4 months of statements from my 5 bank institutions and statements from investments in the market.

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Message 2 of 6
Maker_Bayfield
Valued Member

Re: Bank Statements Before 341 MOC?

2 years of tax returns, 6 months of bank statements along with any investments is what I had to give

Message 3 of 6
Anonymous
Not applicable

Re: Bank Statements Before 341 MOC?

It definitely depends on the Trustee, not just the district.  My attorney had me provide 3 months of bank statement for every bank account I had (I think I had 5 accounts) previous to the date of filing.  The trustee had these in his hands and asked me what one of the credit union's initials standed for.  I think he was just interested in me.  He was extremely kind and pleasant with me.  So basically, my lawyer knew what would be needed and had made sure I already provided everything to him.

Now, let me tell you my situation was very different from the woman who went up before me.  I have always wanted to share my MOC experience in a post.  There were multiple interesting scenarios.  I had to sit through the whole thing, for some reason I was the last to be called, about 2 hours after my scheduled meeting time.  Anyway, as to the woman before me:  The trustee went through her bank statement with a fine tooth comb. He asked her, "what was this deposit?" "What was this deposit?"  OK here's the lesson for everyone.  He asked her something like, "What was this deposit for $657.64?"  She said, "that was cash I had in my house." and he said, "are you sure? usually when people deposit cash, they don't deposit pennies.  This deposit ends in 74 cents.  Are you sure it was cash?" and she said, "yes."  and then he said, "you're a liar. You're not telling me the truth.  I have the copy of the check that was deposited. ((note: I can't remember what the check was for...maybe it was child support or something)) but anyway the point was he was PI$$ED!!!!  He was furious with her.  But then he got nice.  He told her, "Don't ever lie to a bankruptcy trustee" and he let her go.  He extended her case and told her to come back in one month and have all the deposits labeled and she better not lie this time.  I was shocked that he set a trap for her but also that he was so nice and gave her a second chance.

Message 4 of 6
Anonymous
Not applicable

Re: Bank Statements Before 341 MOC?

@Anonymous 

 

The Trustee I got stopped and asked one woman and her husband why they didn't declare that they had any household items and clothes.

 

"Ma'am, I assume you wear clothes when you go outside." 

 

I had the conference call on mute and said, "No, she's a Ferengi woman from Star Trek. The females are not allowed clothes.".

 

I looked at one of my exes' schedules and he actually did put down something like "$6.43 in cash". 

 

I'm assuming that people have been known to fib in court, but like Bill Gates once said, "Well, if you can't make it good, at least make it look good!".

 

I'd say my ex was probably more honest than some. Some of the items he listed seemed to be valued too high, and he used the federal exemptions, even though Kentucky's are higher. (Still exempted everything though.)

Message 5 of 6
Anonymous
Not applicable

Re: Bank Statements Before 341 MOC?

Six months of bank statements and last year's tax return.

 

I haven't had to file taxes since 2007 (tax year), but I filed last year.

 

Trustee had me swear I didn't have to file taxes previously. 

 

I was talking to a lawyer last year about immigration stuff and he said "Chase will give you a joint account." I said, "I owe Chase. We're going to have to find a bank I don't owe money to.".

 

I didn't know for sure at the time that there was a set off right, but I kind of figured that putting money in a bank you owed money to would end badly. 

Message 6 of 6
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