Update and filing question

[nomorecredit]

We finally received our discharge on Jan 10, 2006 and closed on Jan. 18, 2006 as a chapter 7 no asset case. It was a bit touchy when we decided to file due to land held in my husbands name but held within a trust. Thankfully the trustee wasn't interested in it. Our lawyer said that even though our trustee may not have asked for a copy of our return that he is notorious for asking so they want us to fax them a copy. I think we probably will get back anywhere from $2-3k. We live in Ohio. I guess my question is, won't they have to reopen the case to collect it at this point?

Also, thank you so much for this website and posters. It has really been a God send during those trying days! Thank you!!

[Minnymouth]

If your attorney requested a copy of your tax return he is trying to cover his own butt. If the Trustee DID NOT ask for your return or request copies of it, there is no reason to turn over copies to your attorney till their requested by the Trustee......

Yes the Trustee would have to petition the court (costs) to reopen your case and would have to file with the court to take it as an asset. This all involve court costs (filings,petitions, court time, lawyer fees, etc).

Your small refund may not be worthwhile to the Trustee and his percentage he can take may be less than the cost to get it.....

I wouldn't do anything unless the Trustee ask for it......
especially if your case is marked "closed".............