Tax Refund Help (Oklahoma)

[nuttybar00]

We got a large tax refund; all EIC, except $947. We were discharged in Dec. 05. My lawyer can't get a hold of the trustee to find out if we get to keep it. What will happen if we spend a portion of the refund? Are there any exceptions to having to hand it over to the trustee? We just bought a home and need the $$ to put a septic and well on the property.

[possumfat]

did the trustee ever ask you for your tax refund during the 341 meeting ? If your case is "closed" and you were never notified by the trustee to deliver any tax refunds to him/her it would be safe to assume its yours.

[nuttybar00]

Yes she said not to spend our refund because they need to see if they are going to keep it. I was reading through some of the laws and it doesn't look as if they can take all of it. $300-3500 of it was EIC. I keep calling my lawyer asking if they have heard anything yet and I keep getting the run around. They never can reach the trustee and she won't return their calls (supposedly). How do I know if my case is "closed"? We got our discharge paper December 20th, '05. What are they going to do with that money anyway? It says we are DISCHARGED FROM ALL DEBT, what are they going to do with $5000 if all our debt was discharged? I appreciate your response.

[bkadv]

We feel the same way. Our trustee said the same thing. To send the attorney copies of our tax return upon filing, then he would determine what part if any that we get to keep. It's my understanding that the case will not close until the refund has been distirbuted to the creditors. We have two small children and could use the money, but we will give it to the courts just to get our case closed, and gone forever hopefully!