Will the trustee take our returns after discharge?

[ndbigler]

This question might have been answered before, I'm not sure. But, will the trustee take our tax returns when we file in '06? We're only expecting a couple thousand, but we're already planning on using that money to pay off some debt (speeding tickets) that wasn't covered by the bankruptcy. Should we wait until our case is closed to file our taxes or are we clear to file as usual? (Just thinking ahead....)

[StaciMM]

I see from your signature your case is already discharged. I'd imagine that if the trustee wanted a part of your refund, he would have mentioned it at teh 341. Most likely, since your 341 was in July, they weren't even thinking about refunds then.

Worst case scenario, if they did want your refund, the trustee could claim 5/12 of it (since you filed end of May) though that would only apply to an actual refund of overpayment. (Not EIC, etc.) And, if they were going to ask, it wouldn't matter when you file.