Paystubs at 341 Meeting

[jlc614]

What is the name of your state? NY

I have filed a no-asset Chapter 7 and my 341 meeting is in May.
I have been researching the 341 meeting information on this board and I have seen on several occasions that people have mentioned that the trustee requested a paystub. My problem is that I was laid off from the company I worked for when I filed and have since come back to work for them helping close up shop. When I came back though I cam back as a contract/1099 employee so I do not get paychecks and usually they pay me in cash. I notified my attorney that I had been laid off and they said it really wouldn't effect it because it is more about my status when I filed. But know I am curious about the request for a paystub, is this going to cause a problem?

 

[JETX]

"is this going to cause a problem?"
*** Very likely. There are other ways that the Trustee can find out about the pay (bank statements, etc.), so I suggest you be honest with the court about the cash payments. Also, it would help if you provide a document showing the weeks worked and pay received, preferably as provided by your employer. The repercussions of not being totally honest could be pretty severe if caught.

 

[jlc614]

I didn't mean that I wouldn't tell the trustee about the cash payments. I just can't supply a paystub because I don't receive one. I have no problem telling him about the cash payments or anything else. It really hasn't changed my income level at all because now I have to pay my own taxes and own health insurance and dental insurance. I just meant that when I filed I listed my employer and that is no longer my employer? My employer does not give me any documents when they pay me, I present them with an invoice and they pay me against that invoice. Can I show the trustee my invoices? Will that work? What else can I do?

 

[AttorneyOney]

Trust your attorney. Income you receive after you filed is only relevant in a ch. 13 case. The trustee cares about the picture on the day you filed, in order to know whether you SHOULD have filed under ch. 13 because you had excess income.

 

[JETX]

"The trustee cares about the picture on the day you filed, in order to know whether you SHOULD have filed under ch. 13 because you had excess income."
*** Actually, that is not totally correct. If your income (or potential) changes AFTER you file your petition, the court is still interested as that change could move a chapter 7 petitioner into a chapter 13 position.

I doubt that a trustee would allow a chapter 7 petition to continue if the petitioner had just won the lottery!!