One last tax question...

[jake24175]

Yep, it's me again...Captain Paranoia.

I looked at most of my trustee's 'asset' cases and the trustee had their 2005 tax refund as 'Fully Admisitered' which means the trustee was taking their return.

In the 'no asset' cases it doesn't mention it.

My question is this:

If we get our tax refund, spend it (on things like vehicle insurance, heating bills, etc..) and the trustee asks for it later what will happen?

Will we have to repay a portion of it? Will they toss our case?

I've been told that we're home free by countless amounts of people but I guess I need reassurance.

Thanks again for all your help.

[JimH]

If you file within a couple months before or after the new year, the trustee will most likely take your return if you haven't already received it. It's pretty much standard procedure. If you spend it properly as you stated, there is very little the trustee can do or will care to do about it.

[jake24175]

If you file within a couple months before or after the new year, the trustee will most likely take your return if you haven't already received it. It's pretty much standard procedure. If you spend it properly as you stated, there is very little the trustee can do or will care to do about it.

Thanks for the reply Jim.

We filed in August and the case closed in December. There was no listing in Pacer about our tax returns and we never received a letter from the judge stating (as most people here have said) they were going to take our taxes.

Advice?

If we spent it and then they asked for it later would they cancel our case? I guess I'm paranoid because our lease expires on our home and they want another security deposit plus we have enormous heating bills so far. Our last gas bill was $465.

[JimH]

lol... you are paranoid. Your case is closed and you filed under the old rules - you are not going to have any problem. Spend it on your heat and security deposit.

[jake24175]

lol... you are paranoid. Your case is closed and you filed under the old rules - you are not going to have any problem. Spend it on your heat and security deposit.

Thanks again Jim.

BTW...here comes the 'Virtual Beer' of your choice.

[bkfiler]

We filed in August and the case closed in December. There was no listing in Pacer about our tax returns and we never received a letter from the judge stating (as most people here have said) they were going to take our taxes.

if your case is discharged and closed then you are free and clear.

you have my 'gaurantee or your money back' word on it

[JimH]

Thanks again Jim.

BTW...here comes the 'Virtual Beer' of your choice.

Coors Cutter for me

[ODDBALL]

if your case is discharged and closed then you are free and clear.

you have my 'gaurantee or your money back' word on it

Okay BKFILER, can I get that same guarantee!!! I have the same situation, and I've gotten my answer already. But, I just called my attorney's office for information, and thought I would just throw the question in anyways. My case was filed in June, discharged in October, and closed in November (blah, blah, blah). I know that the trustee would have mentioned it at the 341, or as my attorney's legal assistant said, I would have had a form to sign from the trustee that would have come with the original request for information from the trustee before the 341. She seemed shocked that I had not signed anything, and especially with this particular trustee. IMO, oh well!!! Her recommendation: "SEND THE TRUSTEE A COPY OF BOTH RETURNS; DO NOT GET DIRECT DEPOSIT, BUT SEND THE CHECK DIRECTLY TO THE TRUSTEE." If I do, will someone shoot me!!! I told her that my case was closed, and she said it doesn't matter, that the trustee could reopen the case, but it would cost like $200+ to do so. As I'm sitting here scratching my head, WHY WOULD I VOLUNTARILY DANGLE MONEY IN FRONT OF THE TRUSTEES FACE!!! She even tried to tell me that my case was not closed. I told her according to pacer it was. She said that pacer would likely update information for the request of tax returns. RIGHT!!!! My case is CLOSED.

[bkfiler]

it sounds to me like your attorney is working for the favor of the trustee. the case was closed. for it to be closed it means that the trustee has no further need to watch your case. its not like the trusteejust became aware of how taxes work or that everyone files taxes, etc. lol

sure the trustee can do anything they want. bu tif it happens i would lay into my ex-attorney for notifying the trustee of it. and when she lies (you will know cuz her lips will be moving) then consider burning your bridge and report her to the bar for working against you lol

dont know if that would fly, but it would make her think.

[jake24175]

Okay BKFILER, can I get that same guarantee!!! I have the same situation, and I've gotten my answer already. But, I just called my attorney's office for information, and thought I would just throw the question in anyways. My case was filed in June, discharged in October, and closed in November (blah, blah, blah). I know that the trustee would have mentioned it at the 341, or as my attorney's legal assistant said, I would have had a form to sign from the trustee that would have come with the original request for information from the trustee before the 341. She seemed shocked that I had not signed anything, and especially with this particular trustee. IMO, oh well!!! Her recommendation: "SEND THE TRUSTEE A COPY OF BOTH RETURNS; DO NOT GET DIRECT DEPOSIT, BUT SEND THE CHECK DIRECTLY TO THE TRUSTEE." If I do, will someone shoot me!!! I told her that my case was closed, and she said it doesn't matter, that the trustee could reopen the case, but it would cost like $200+ to do so. As I'm sitting here scratching my head, WHY WOULD I VOLUNTARILY DANGLE MONEY IN FRONT OF THE TRUSTEES FACE!!! She even tried to tell me that my case was not closed. I told her according to pacer it was. She said that pacer would likely update information for the request of tax returns. RIGHT!!!! My case is CLOSED.

What state are you in?

[ODDBALL]

What state are you in?

ARIZONA

[ODDBALL]

it sounds to me like your attorney is working for the favor of the trustee. the case was closed. for it to be closed it means that the trustee has no further need to watch your case. its not like the trusteejust became aware of how taxes work or that everyone files taxes, etc. lol

sure the trustee can do anything they want. bu tif it happens i would lay into my ex-attorney for notifying the trustee of it. and when she lies (you will know cuz her lips will be moving) then consider burning your bridge and report her to the bar for working against you lol

dont know if that would fly, but it would make her think.

Thanks BKFILER. I'm not too worried. I'll be filing my taxes as if nothing was said. The case is CLOSED to my knowledge, and I never signed anything stating that I would turn over my taxes to the trustee. I read in a post before that there was something that would have had to be signed, and approved by the judge. I ain't worried at all.

[bkfiler]

not that im gonna call the trustee and try to get a finders fee or nothing, but can you list your trustee name, number, case number and how much expected in the return so we can better understand your situation



(btw, 60 Day Club BBQ will now be free of charge due to new found income!)

[JimH]

Her recommendation: "SEND THE TRUSTEE A COPY OF BOTH RETURNS; DO NOT GET DIRECT DEPOSIT, BUT SEND THE CHECK DIRECTLY TO THE TRUSTEE."

huh?......that's obsurd.

[ducksinarow]

What? That's crazy talk. Do not send that money to the trustee. That woman is crazy.