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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-09-2003, 03:14 PM
last resort
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direct deposit of paycheck....problem??


What is the name of your state? PA

I'm just wondering......I have my paycheck directly deposited into my checking account.....I want to file in the next week or so and I'm wondering if this is going to be a problem or not...... what concerns me is when I make out my budget I have very little cash left over but the budget includes things like car maintanence... car inspections....car registration**************things like that I've figured out for the year and then cut them down to a monthly amount to save**************.will they take that sort of thing into consideration or not....I mean on my bank statement it might look like I have money left but in reality that money is earmarked for future use.... this is the only way I know to budget that stuff.....

I'm wondering if I should stop the direct deposit and when I cash my paycheck just put in what I will actually need to pay for that months expenses************** and if I do stop the direct deposit will that look suspicious ************** won't the question why I stopped it?

getting very nervous**************...
  #2  
Old 05-09-2003, 09:46 PM
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Last resort,

This was not my personal experience but that of a friends. He filed bankrupty including his car loan... and the car loan was with the bank he had his direct deposit checking !!! needless to say they helped themselves to the funds they felt entitled to. He had a tone of overdraft fees and it was a mess.

Julie
  #3  
Old 05-11-2003, 08:57 PM
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Join Date: Dec 2001
Location: TX
Posts: 1,090
Do you owe the bank any money you have your account with??

If so they can confiscate your money and will...
If you do and you are filing on this bank then you need to move your money to another bank... stop your direct deposit until the Bk is finished just to be safe but it should have no bearing on the BK...

If you 'do not' owe this bank (loans) any money and they have nothing to do with the BK filing then your money should be safe..

thats not counting money that is earmarked for a year of bills it might look shakey to a trustee,.. if i'm not mistaken the trustee is only concerned for money for the next few months of living expenses... (don't earmark money for expenses for a year from now)...
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This is just my educated guess, and it’s not a legal education...

Last edited by nailtech; 05-11-2003 at 09:02 PM.
  #4  
Old 05-11-2003, 10:04 PM
last resort
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no......I do not have any loans with the bank where my paycheck is deposited **************..


and there certainly won't be much money in there at any given time**************..of course my budget does include amounts for pro rated expenses that I will need in the coming months such as car maintanence (oil changes, tune up) and car inspection....for these type of things I took what it would cost during the course of a year and divided it by 12 and included that amount in my monthly budget**************..is that the correct way to handle those type of things**************.I mean I have to set aside money for that since I no longer can rely on credit cards, right?
  #5  
Old 05-11-2003, 10:09 PM
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you should have no problems then..... good luck to ya**************..
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This is just my educated guess, and it’s not a legal education...
  #6  
Old 05-12-2003, 03:52 PM
last resort
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one more question though**************. how closely do they check your bank account**************I mean......sometimes I use my debit card to buy groceries but sometimes I just get the cash out and I need cash for gas and laundry and stuff like that......my budget is fine but will they be wanting to know, or need receipts, to show exactly what I needed to withdraw the cash for?.....and also, on my budget I have allowed for such things that are pro rated ....for example, in order that I will have money for car inspection and oil changes and tune ups I have calculated what that would cost in a year's time and divided that amount by 12 then added that to my monthly budget so with that in mind my bank account won't ... and shouldn't ....be down to zero each month, right?**************...I'm not even sure if I am asking this right......

Last edited by last resort; 05-12-2003 at 04:16 PM.
  #7  
Old 05-12-2003, 04:59 PM
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Join Date: Dec 2001
Location: TX
Posts: 1,090
you never know what a trustee is going to ask for, best to keep records until this is all over with and receipts wouldnt hurt either just depends on the trustee and your paper work, if he sees something that looks suspicious to him, he may ask for paperwork and statements, then again he just may not,... not a question anyone can really answer.... just cover your butt and keep everything...
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This is just my educated guess, and it’s not a legal education...
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