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    Tax Refund

    I had my 341 meeting today, and the trustee seemed particularly interested in whether I had received my tax refund, as well as an insurance payment I am waiting on. I exempted both of these with my state's $2500 wildcard exemption, with about $300 over and above that amount not being exempt. However, I didn't realize at the time I filed (pro se) that since the majority of my tax refund is actually Earned Income Tax Credit, that is considered a welfare benefit and can be exempted under that, which gives me plenty of room under the Wild Card exemption.

    My question is, should I (can I?) go back now and file an amended schedule, and change the exemption for this, or should I wait until I hear the results from the 341 meeting? At what point can we go back and amend a schedule (i.e. am I already too late?)? Thanks for any info you can give me!

    #2
    What was the end result of your 341? Sounds like he concluded there were no assets.
    If so, then there's no reason to ammend.

    Comment


      #3
      I don't know

      Is that something I would have found out at the 341? He really didn't indicate anything. Just asked me several questions about whether I had received any of these payments yet (I haven't), along with the standard questions, then dismissed me. I didn't feel like I had much to worry about, but I was the only one there (I was the last one) that he questioned on any of the schedules. The others he just asked if they had read through them and signed them. However, I was also the only one there that had filed pro se, so that might have had something to do with it.

      Comment


        #4
        You might be able to find out for sure if the Trustee has issued a "No Asset" report. Some Trustees file them immediately. Others file their 341 Report within a few days to a week of the Meeting.

        Register on PACER and take a look at your case main page. If you have a "Date of Last Activity" for your case dated today, quite possibly the Trustee has issued his/her report.

        If you keep your bill below $10, PACER won't charge you.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          Thank you, Sinking Fast! I was beginning to panic, but the trustee's report was posted this morning, and he recommended no assets be distributed, and anything nonexempt be abandoned. Yay!

          What happens now? Do I just hang out and wait?

          Comment


            #6
            Make sure you have taken your second bk class debtor eduaction/financial management and then yes just sit back and wait for 60 days.
            chap 7 discharge 06/07

            Comment


              #7
              Originally posted by jal1129 View Post
              Make sure you have taken your second bk class debtor eduaction/financial management and then yes just sit back and wait for 60 days.
              Dittos!!

              And Congrats!!
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment

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