Waiting on pins and needles

[newlifer24]

This is my first time posting, but I have utilized this forum for the past few months. My husband and I filed Chapter 7 back in October. We received our discharge as of February 7. Although for some reason our case has not been closed yet. What we are worried about, like many others, is our taxes. We have not received anything from the trustee in regards to the trustee wanting a portion of them. The trustee never mentioned anything at our 341 meeting about them either. We have contacted our attorney 5 times in the past 2 weeks about this and we have not heard back from him. The last thing he said to us what that he would check on this and get back to us tomorrow. That was approximately a week ago. We still haven't heard anything.

When I check on pacer our case is listed as a "No Asset" case. Does this mean that the taxes could be ours to do with what we want? Also, we have already filed our taxes and let our attorney know that we did so. When I checked the IRS website to check the status of our return two weeks ago, I was informed that the refund was being held up due to the open chapter 7. Since then the refund has been released and has been direct deposited in our account. We are waiting on pins and needles because of this.

Also, I wanted those who are worried about the 341 meeting know that our meeting lasted all of 2 minutes. Our trustee never even asked us to raise our right hand and repeat the oath. We answered a handful of yes or no questions and we were done. Our attorney stated that he had never seen one get over that quickly.

The last thing I want to say is Thank you to everyone that participates in this forum. Without even knowing it all of you have helped my husband and I through a very difficult time. We are looking forward to moving on and putting this all behind us. It has been a long road, but we are a stronger couple because of it.

[Flamingo]

Call your attorney's office on Monday; if he/she is not in, ask for his/her paralegal or assistant and speak with them. If you get voice mail for any of them, leave a message that your refund has been deposited into your checking account, the amount of the refund and you have not had a response to your prior question along the same lines. Follow up with an email that you left a voice mail message to so-and-so. That should get someone moving for you unless your attorney is waiting for information from the Trustee; but in any event, he should get back to you with a status or update.

[oldbaddebts]

In my district we had to send the trustee a copy of the entire tax return for the case to be closed. Also, we were told not to choose direct deposit or get a refund loan. He wants the check sent to him, he will figure out how much belongs to the estate (prorated to date of filing) and how much is yours. Then he will take the amount that belongs to the estate and see if it is worth it for him to consider it an asset and distribute it, if not, he sends the whole check back to the debtor. If it is worth it, he sends the debtor back the portion not belonging to the estate and distributes the rest.

This may not be the case in your district, but in mine this was a speech at the 341 and a postcard was sent out to remind us. He will allow the discharge to take place without it, but won't close the case.

[PaKettle]

What if these people who have not been told otherwise, just got their tax refund and spent it? What then?

By the way, to the original poster, I'd call your danged attorney 10 times a day until he responds. These bastards are happy to take your money but then once they file they think their duties are ended, but that is not true. You paid him/her good money so demand appropriate service. How hard is it to return a danged call and answer a simple question?

[Flamingo]

What if these people who have not been told otherwise, just got their tax refund and spent it? What then?

By the way, to the original poster, I'd call your danged attorney 10 times a day until he responds. These bastards are happy to take your money but then once they file they think their duties are ended, but that is not true. You paid him/her good money so demand appropriate service. How hard is it to return a danged call and answer a simple question?

The majority of folks who file BK are told that when they receive additional income, inheritances, lottery winnings, etc. during the course of their Chapter 13 or during a specific period of their Chapter 7 that it will need to be reported. While some may not be told, or don't read information given to them prior to filing in full, the majority are advised. Also, many go to forums like this and read about someone not having to provide a refund to their Trustee and they believe it applies to them also. The additional income area includes tax refunds. Now, I don't stand up for all attorneys (some deserve standing ovations), but I do work in a law firm and know how busy attorneys and their staff are and and how things are handled on a priority basis. While one person is waiting for an answer, the attorney may have hundreds of other cases going on with calls to be returned, research to be done or waiting for information from the Trustee. Plus many attorneys, especially if they are one office or from a smaller firm, handle other matters besides bankruptcy. Also, attorneys are in court quite a bit (sometimes all day). Granted some folks have bad attorneys but then some folks also have bad doctors, teachers, you name it...the majority of folks get answers to questions to their attorneys within a reasonable period of time. The key is if you yourself are in an extreme hurry is to not only continually leave messages/emails for the attorney but to contact his assistant and/or paralegal who will get the information for you if the attorney is extremely busy. Also, in a lot of cases, the attorney is waiting to hear from the Trustee as to information one may need and the trustee could also be mired in other cases and calls.

I am not trying to back up attorneys or any other profession....just stating what does go on in the firm or office as to cases/matters. We sometimes think we are the only case worked on while there are hundreds of others going on at the same time. Ever complain about your doctor running behind when you have an office visit? If one was on the other end (as the doctor) you would understand why they run behind most of the time (patients or hospitals calling on the phone, emergencies in the office, other patients taking longer than normal, etc.).

The OP is doing the right thing by waiting as to what to do with the refund and getting the proper information. While it is not an emergency situation, she will eventually get the advice she needs.

[newlifer24]

I do have to say that up until this point my husband and I have been very happy with out attorney. He has helped us a great deal. He explained everything to us and never once made us feel like bad people. But right now, I would like to hear something back from him, even if he just tells us, I don't know or I haven't found out yet.