Bankruptcy the irs and the trustee

[down @ out]

My bankruptcy was dischared in february and I am currently awaiting for my case to close. I filed pro-se and from what I can tell everything is fine.

Anyway at my 341 hearing the trustee was asking folks to sign a waiver allowing their cases to stay open until they filed tax returns for 2005. Guess the trustee wanted to see if there was any money coming back he could grab. The trustee didn`t bring the issue up with me or ask me to sign anything. I assumed the reason was I had a tax debt that I assumed would not be discharged and it was listed on my forms as such. Guess the trustee figured the irs would grab anything I had coming anyway.

Well my tax refund just showed up and too say the least I am confused. The only thing I can figure is the IRS decided my taxes were dischargable. I know some are. My taxes owed were from 1999 and 2000. I can`t imagine the IRS would send me the refund if they felt I still owed them money.

Anyway I don`t really see any reason to tell the trustee what happened?

Any thoughts?


Thanks,

[FilingOnMyOwn]

I'd say the money is yours if the trustee didn't ask you for it. You can always contact the irs directly to see if you owe them anything. But cash your refund first.

[Minnymouth]

AHMEN, and cash that check................

If you owed back taxes, the IRS would have seized that check.

If the Trustee did not tell you or have you sign papers to send your tax refund to him............ he's not after it....

AFTER you cash your check, then check with the IRS and see if you still owe back taxes with them....

Quite possible since your taxes were so old they were included in the discharge..... check your discharge papers also.

Let us Know,