Providing financial records to Trustee

[MarjieK]

What is the name of your state? FL

Could someone answer a couple of questions for me?

When I moved about 6 months ago I misplaced, or threw out by mistake, the box that had most of my financial records. The bank and cr cd companies charge for copies of "back" statements.

When you file Chpt 7, how far back does the Trustee request records from your bank, brokerage and other records?

Does the Trustee contact the financial institutions and get the copies or do you have to get them for him/her?

If the Trustee does it do you have to pay the court for the copies?

Thank you. MK

 

[Ladynred]

The Trustee may not request any more than the bank statment for the day you filed. Some have asked for up to a year's worth, but that seems to be the exception rather than the rule. Your lawyer, however, would probably want at least 3 months worth and 2 years of tax returns.

The Trustee will not call anyone.. if you're asked to produce them, you wil have to incur the cost to get them.

 

[Elmo-1]

If any of the debt's have recently been turned over to collection agencies, send each of them a dispute letter and request validation of the debt. Per FDCPA Sec 809, the collector will have to get the info from the OC and send it to you (free of charge if they plan to continue collection activities).

FDCPA Section 809. Validation of debts [15 USC 1692g]:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

[micheleart]

This question (about the bank statements) came up when I was called for my 2004, The Trustee requested 3 years worth and I only have 2 years worth. I was concerned about the cost, etc., as well. My attorney told me that I had to make a "reasonable" effort to produce paperwork and if it was not in my possession, that is what I tell the Trustee. He also stated that if the Trustee really wanted to see them, the Trustee's attorney (who will be the examiner at the 2004) has the power to subpeona the bank records and they would have to pay any cost associated with it, not the debtor. Hope that helps.