So I already saw on pacer that I was discharged last week. But then today, I got BOTH my income tax check and the discharge letter from the court! I guess I'm lucky the return was only $900 and change, if it were 1000+ I suppose the trustee would have taken it. Although the money is already gone lol, to pay off both my new credit cards I maxed out, and some car repairs, I am once again debt free! The new credit cards have been destroyed, and I will only have new ones sent if an emergency comes about.
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Before you go and cash it, your case is only discharged. If the trustee is awaiting your refund, he will not CLOSE your case. Why are you under the impression that since your refund is only $900 and some change that the trustee is not asking for it? Did he mention your refund at your 341? Just remember that just because your case is discharged, does not mean it is CLOSED!!! -
You may be OK if the Trustee didn't mention anything about an income tax refund in your paperwork, but, Odd is right.
Discharged isn't closed.
The Trustee can come back and ask for 10.5 of 12 months of your refund. That's nearly $790.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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Sure he could come back and ask for it. But he didn't say a word about it, so if he comes back and says anything, its already spent, BEOTCH! Sure if he wants to wait a few months I could get him the money back.Originally posted by ODDBALLComment
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