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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I found a preparer on line for $150. Thanks, XXXXX XXXXX a big

This answer was rated:

I found a preparer on line for $150. Thanks, XXXXX XXXXX a big help and saved me 2K!. A question or two about the trustee process: Understanding that the filing process is based on the honor system, what information does the trustee have access to regarding filers (i.e, closed bank accounts, balances, debit/credit activity etc.)? Meaning, do they have records that are not known to the filer and/or are they looking for things that you have not declared or figures that don't match. Or are they simply looking at your paperwork and judging it at face value? Just trying to get a handle on how the process works. Thanks!

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

The trustee is a branch of the US Dept. of Justice, and in that have all the resources of the FBI

WALLSTREETESQ :

What that means is that all public records, will be searched to make sure you have not left out assets that may be worth while for creditors.

WALLSTREETESQ :

This will include property, bank accounts etc.

WALLSTREETESQ :

They could also request your last 6 months bank statements if they think you have income that you are not disclosing.

WALLSTREETESQ :

You will also have to provide your last 6 months paystubs, and recent tax return

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit.

Customer:

Thanks.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

Customer:

My concern is that opened an s-corp in 2005. However, no profit or loss was ever filed. Although funds passed through it's checking account to pay expenses for a period of about a year in 2007, it never got off the ground. It is not active and has no assets. Therefore, I have not noted any reference to it. Will I be ok in doing thus?

WALLSTREETESQ :

If it has been nn active since 2007 it will not be an issue, typically all assets from the past 6 months to two years is an issue.

WALLSTREETESQ :

The S Corp. since it has no value and does not exist would not be a problem.

WALLSTREETESQ :

If the trustee ever asks you if you ever owned a buisness or shares in the last three years you can mention it, but in most cases the trustee would not care.

Customer:

So will the trustee have record that I incorporated a business? I'm not sure if it "does not exist." Can you clarify?

WALLSTREETESQ :

no, he would not have it as it would have a tax id number that is not listed in your petition, your social secuirty number would be used, the S Corp would not be found

Customer:

ok, thanks for settling my overly paranoid mind...lol.

Customer:

Best

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