Does the trustee check and verify bank statements with your bank for actual amount? - Bankruptcy Law Questions and Answers- LawQA.com

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Does the trustee check and verify bank statements with your bank for actual amount?

Do they verify tax returns with IRS considering that this a matter of confidentiality?

Answer By Susan G. Taylor
Law Office of Susan G. Taylor
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The trustee has 6 months of your bank statements and anything else he or she wants.

Answer Applies to: Texas
Replied: 9/10/2014

GARCIA & GONZALES, P.C.
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They may, but normally don't. You have to submit copies of your tax returns and bank statements for the month of filing. Remember, you are filing under penalty of perjury.

Answer Applies to: Colorado
Replied: 9/8/2014

Answer By William Rhymer
Rhymer Law Firm
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Yes, sometimes to both questions. They have the authority but it depends on the particular Trustee and circumstances.

Answer Applies to: Georgia
Replied: 9/6/2014

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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All filings are subject to review by the office of the United States Trustee. Failure to be truthful could result in you going to jail.

Answer Applies to: California
Replied: 9/5/2014


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The Debtor must provide a copy of the latest Tax Return filed and a statement from the bank or banks showing the balance on the date of the filing of the bankruptcy to the trustee.

Answer Applies to: Minnesota
Replied: 9/5/2014

Answer By Michael O'Leary
Hayward, Parker, O'Leary & Pinsky, Esqs.
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Code section 521(e)(2) requires the Debtor to provide to the Trustee a copy of their most recently filed federal tax return. Bankruptcy Rule 4002(c)(2)(B) requires production of a statement for all bank / investment accounts as of the date of filing. Most Trustees have their own document production requirements that are more expansive than those set forth in the Code or Rules. The Trustee will look at the documents that you produce. While there are some things that are confidential in bankruptcy, financial information certainly is not.

Answer Applies to: New York
Replied: 9/5/2014

Answer By Patrick Currin

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Yes, you must provide at least your most recent tax return and the bank statements from the month you filed.

Answer Applies to: California
Replied: 9/5/2014

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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They can, it is up to them but generally they do not do that for every debtor.

Answer Applies to: New York
Replied: 9/5/2014

Bunch & Brock, Attorneys-at-Law
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Yes, ALL trustees check the bank account statements to verify the actual amount on deposit on the date a debtor files bankruptcy. In fact, they check those statements to look for unusual deposit or withdrawal activity, including large payments that may have been made to creditors or a relative (a/k/a "Insider"). Trustees also have the right to review a debtor's federal and state tax returns. When a person files a bankruptcy case, their financial life is an "open book".

Answer Applies to: Kentucky
Replied: 9/5/2014

Answer By Ronald K. Nims

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You have waived confidentiality by filing bankruptcy and giving the trustee a copy of these documents under penalty of perjury. In my experience,if an attorney files your bankruptcy, trustees seldom verify the bank account information. They're more likely to verify IRS information. If you're considering giving fraudulent information to the trustee, I strongly advise against it. You're filing bankruptcy because you have financial problems; bankruptcy fraud will give you a criminal problem. If you think that your problems are bad now, wait until you have a felony conviction.

Answer Applies to: Ohio
Replied: 9/5/2014

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