I'm assuming no because it was done in the "ordinary course of business and financial affairs of the debtor". The only income I've had in the past year has been from numerous eBay sales of small personal property ranging from $5 - $150 per item. I have accounted for the income on Schedule I, Form 22A, and part 1 of the Statement of Financial Affairs. Thank you for your time.
You should disclose the items sold. You can attach a detailed list, or, what I will usually do is group things by category, for example: "miscellaneous household items sold on EBay" and put the sale price and as for the purchaser I would put "unknown 3rd party purchaser", if that is the case. For big ticket items I would absolutely add more clarity. That's what I do, and you are in Los Angeles, where I also practice.
I would add to Ms. Larkins' comment that you should create a log as to what you did with the money you earned from the sale of items on eBay. While it is perfectly appropriate and legal for you to sell items and spend the money before filing, the trustee also has the right to ask what you did with the money. If you do not have a satisfactory answer, it is possible that you could be denied a discharge of your debts.
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
I agree with Attorney Larkin. You need to disclose it as a transfer. You can list it just as she says. That is how I handle it when those issues arise.
If you are in the business of buying and selling those items then you are right as the rule provides OTHER THAN: List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within 2 years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) But any items outside the normal course you would list. Having stated so, the trustee can still ASK you for such transfers anyway. THE easy way is IF in fact you have a list, just printout and it can be scanned to make it easy for your or attorney and just indicate: Attached are transfers in fact made in the ordinary course of business but disclosed anyway". Or just wait for trustee to ask for it and bring to the 341 meeting in case he does. But if you give it to the trustee ahead of time by attaching as an attachment, you have provided all you can . SOunds like you are doing great job. I also agree with attorney Larkin that you can just list it..but to answer question the way the rule asks, my comment is made!
I generally agree with all of the responses you've gotten so far.
However the tricky part here is defining what your principal source of income was. If its regular earnings, then you list that in Question 1 of the Statement of Financial Affairs.
If it was the result of selling odd personal property, then it would not be income from a business and that would actually go into Question 2 of the Statement of Financial affairs.
Just selling your surplus property on eBay is not necessarily considered a business. A business involves cost of goods sold, inventory, sales, sales tax, and other charges.
Also, Schedule I, Form 22A and Question 1 of the Statement of Financial Affairs goes strictly towards active personal earned income. What you described is a passive activity.
I would be reticent to enter the numbers the way you did, only because some Trustees would be eager to rip into you for operating a business but not reporting it on your income tax returns.
Which is where I am headed here. If you choose to report this as business income, then that typically falls into Schedule C or E of your tax returns depending. If its a sole proprietorship that may trigger other liabilities.
So tread lightly and talk to a lawyer in your jurisdiction who knows the trustees well.
Other than that, you can take your chances. But I would not counsel representing to a court that selling your kayak, snow shoes, barbells, flat screen TV and other stuff is a business if in fact these were all personal items to begin with.
I would produce a list of what was sold just in case its asked. But other than that, it seems to me if you were unemployed then listing sales of personal items is not employment. And if you are unemployed you would meet the Means test under Form 22A anyway because you did not have sufficient income.