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04

Oct 2011

Bankruptcy and bank statements

Posted by / in General Information About Bankruptcy Law / 8 comments

Bankruptcy and bank statements

Planning to file bankruptcy?  You will need to round up bank statements.  You’ll need them at the beginning of the bankruptcy process; and you’ll need them again for your bankruptcy hearing.

(Here are specific instructions on what bank statements you need for your bankruptcy hearing in Alexandria, Virginia.)

Since you need to tell the bankruptcy court about all your accounts when you file your bankruptcy papers, you want to talk them over with your lawyer early–in time to identify and fix any problems.

Virginia Bankruptcy Lawyer Robert Weed

Bring bank statements on every account in your name, when you first meet with your bankruptcy lawyer.You will need to tell the court about every account your name is on.  So you and your lawyer needs to know what those accounts are.

Does that include the account with only five dollars that you never use any more?  Yes.

Does that include your mother’s account that she “just put your name on in case of emergency”?  Yes.

Does that include the account where only your wife’s paycheck goes, but is in both names?  Yes.

Does this includes credit unions, too?  Yes.

Does it includes accounts you have with your minor children?  Yes.  And also college savings plans you have for them.

Does it includes money markets?  And investment, brokerage accounts?  Yes and yes.

More than just banks, it includes every place you have money.

When you first talk to your lawyer, you need to talk about all those accounts.  So bring bank statements–and other accounts–with you.

Is your mother’s $200,000 life savings–in the account you are on “for emergencies”–going to be a problem?  You want to talk that over when you first meet with your lawyer.  Do not wait and bring it up when you are signing the final draft of your bankruptcy papers.

The same thing with your wife’s account that’s “in both names.”

When you bring in the bank statements, then you are not guessing.  You and your lawyer can see whether, and how, your name is listed on each account.  And how much money goes through it every month.

Both of those can be important to getting your bankruptcy approved–without having the bankruptcy trustee take some of your money.  (Or worse, take some money that’s not yours–that belongs to someone else in the family.)

Getting through bankruptcy, without losing any money, may take some planning.  Your lawyer may have your wife change her direct deposit to a different account–one only in her name.  Your lawyer may want mom to take all the money out and put it in a different account.  Maybe the lawyer will just want proof of where mom got all that money.

Besides the bankruptcy trustee maybe grabbing those accounts, some of your creditors might try to get to them.   Your lawyer will want to compare your accounts with your creditors–and may suggest you change banks for that reason.

All that takes time and planning–so make sure you bring in all those bank and other account statements at the beginning.

Toward the end of the bankruptcy process, you are required to show those statements to your bankruptcy trustee.  What statements?  Every one that your name is on.

You need to give your bankruptcy trustee copies of your bank statements. That can be a big headache.

Those will mostly be the same accounts that you went over with your lawyer at the beginning, but maybe with some changes.  If you have accounts that you don’t use, your lawyer may have told you to close them.  If your accounts were in a bank where they weren’t safe, you may have new accounts now.

The bankruptcy trustee is looking at your account statements for two reasons.  First, because the law (Bankruptcy Rule 4002) requires it.  Second, to see if you had too much money on the day you filed your bankruptcy case.  (“Too much money” meaning enough that the bankruptcy trustee can grab some of it.)

Sometimes getting those bank statements is a problem, if you wait until after your case is filed.  Some banks, and especially some credit unions, stop sending statements when they get notice of the bankruptcy.  And they may cut off your internet access, too.

(Stopping the statements and cutting off internet access is most likely a problem if you owe money to that bank.  They don’t want to be violating the bankruptcy law by trying to collect your old debts, so they just stop sending you ANYTHING.)

I recommend a two step process.  First, when you come in for your court preparation appointment, bring your most recent bank statements.  Those may be a few days, or even a few weeks old.

Then, the day after your bankruptcy case is filed and your papers go down to the court, get an internet print out from the end date of the last statement on through to the day after your bankruptcy is filed.  Take care of that right away–in case the banks and credit unions cut off your internet access when they get notice of the bankruptcy.

Taking care of bank statements–and all account statements–both early and late in the bankruptcy process, is a key to have your bankruptcy case go smoothly.

 

Bankruptcy and bank statements: Update–there’s now a charge

Filed a bankruptcy case for some folks last week who had SIXTEEN bank accounts. Half of them they hadn’t used in years, but kept open because it was too much trouble to close them. Now they are trying to get account statements showing the date the bankruptcy was filed, and the bank is not cooperating.

Duh–if you’ve left a three dollar balance on a bank account for four years, the bank is NOT going to consider you a good customer. And if you thought it was too much trouble to close those accounts before you file bankruptcy, see how much trouble it is to get that bank statement balance now that you have filed bankruptcy.

You need to do yourself–and the bank–and the bankruptcy court a favor and close accounts you are not actively using.

So, I’m starting to charge. I’mn charging for the extra paperwork we have when people have multiple, unnecessary bank accounts.

For a single person, your first FIVE bank accounts are free. If you have more than FIVE! accounts on the day you file bankruptcy, there’s a $50.00 charge.

For a married couple the first eight are FREE. After eight, there’s a fifty dollar charge.

(You also get one more for free for each child you have.)

Each bank account you have means a lot of work–for you, for me, for the bankruptcy trustee. And the more you have, the harder it is–for you, me. and the bankruptcy trustee–to make sure they are all covered. So, close ‘em.

If it’s too much trouble to close them, I’m charging for the extra paperwork on my end. You will still have to do extra work to get each statement balance. And if you get sent home from your hearing because the trustee thinks you missed one statement, you were warned.

So, close those accounts you’re not using.

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Robert Weed has helped twelve thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.

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8 comments
  • Stephanie

    October 20, 2011, pm31 6:54 PM
    01

    How much money should you keep in your bank account before you file for bankruptcy? Is an amount that is exempt in Virgina? or are you at the mercy of the bankruptcy court?

    • Robert Weed

      October 20, 2011, pm31 6:57 PM
      02

      It depends on your state law–on your projected tax refund next year–and on everything you own.

  • CB

    May 16, 2013, pm31 5:40 PM
    03

    The trustee is making issue with my mothers account that she has me in as joint/secondary – she is 79, and it is a combined savings/checking. I have never touched that account for anything personal, nor have I ever put anything into either the checking or savings. I have statements going back almost seven years. She has over 13,000 in her savings, and 3500 in checking. I am estranged from my mother now, but I am very concerned they will take her money, which is her life savings and social security. What can happen in this situation?

    • Robert Weed

      May 16, 2013, pm31 6:03 PM
      04

      CB:

      There’s a law in Virginia that says the money in the bank belongs to whoever put it there. Code of Virginia 6.2-606. (Unless it’s husband and wife; then it’s 50-50.) I hope there’s a law in your state that says about the same thing.

      • CB

        May 27, 2013, pm31 11:25 PM
        05

        Thank you Mr. Weed – we’re in FL. I hope that a similar law exists- my attorney sent a letter to the trustee explaining this situation, and he (atty) doesn’t seem concerned.

      • CB

        May 29, 2013, pm31 7:13 PM
        06

        341 came and went. The trustee questioned my mothers account and my atty stated he will get documentation showing that I have not contributed or removed money from that account. Today I received a letter from the trustee that he is retaining counsel for a possible rule 2004 examination – I am waiting for my atty to respond to me so at this time I am terrified. I gave my lawyer over 6 years of statements from her account today.

        • Robert Weed

          May 29, 2013, pm31 8:15 PM
          07

          CB:

          As long as it is your mother’s money in that account, you shouldn’t be terrified.

          (I’m a Virginia lawyer and Virginia law is clear that the money belongs to whoever put it in–hoping the law in your state is the same.)

          • Cb

            May 29, 2013, pm31 9:05 PM
            08

            Again, thank you – it was brought to my attention that this may be because I am a 9/11 victim and I am listed on that lawsuit that I added to my schedule (which will be practically nothing, and not for many years). My atty feels thats what they are digging for.

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