Oh sure he’s! And even worse, the chapter trustee can take any cash you’ve gotten in hand or on deposit on the day we file.
On the day we file chapter, you don’t need to have a lot in the way in which of liquid belongings (like money or cash on deposit on a checking account). In concept, the trustee can take the cash you had on the day you filed and use it to pay collectors. This implies Venmo as effectively!
As an illustration, let’s say you file a chapter 7 chapter in the present day and have $1,500 in your checking account on the date of submitting. Tomorrow, you spend that $1,500 in your month-to-month lease. One month later, once you meet with the bk trustee, he’ll ask you to show over that $1,500 in order that he can use it to separate between your collectors. If you attempt to clarify that you just spent the cash on lease after submitting, he gained’t care. You had it on the day of submitting, and he desires it now.
On the day you file chapter, your chapter property is created. Every part you personal on that day is a part of your property. Principally, the chapter paperwork takes a snapshot of your belongings for that day. (For those who obtain your paycheck the subsequent day, that’s okay. You didn’t have these funds on the day you filed). The trustee goes by means of your property, takes issues that may’t be protected (just like the $1,500) and makes use of them to pay collectors.
On the day you filed, you had the cash, and he desires it. It wasn’t your cash to spend. It was (and is) his. For those who can not flip over these funds, the trustee could make your case pretty terrible. In excessive circumstances, he may even throw out your case and deny you a discharge of your money owed.
One month after we file, the bk trustee will ask for a replica of your financial institution statements going again anyplace from 1-3 months earlier than you filed. This reveals your whole transactions and funds. This reveals clearly once you paid your mother again or once you transferred cash to your Venmo account to cover it from the trustee.
Sadly, the trustee has been doing this for much longer than you, and he has seen nearly each trick individuals use to cover cash. He’ll ask for transaction experiences or statements from not solely your financial institution accounts, however your quasi-financial accounts like Venmo, Cashapp, Paypal, and any others that you can imagine. For those who had cash in these accounts (or unusual transactions), it could trigger a world of damage for you and your case.
The most secure technique to deal with it’s to reveal every thing truthfully. When you have just a little extra cash proper earlier than submitting chapter (which is uncommon), go construct up your meals storage. It’s arduous to punish somebody for stocking up their meals storage to climate a storm.