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anyone here have exp with tax refunds in Indiana?

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  • anyone here have exp with tax refunds in Indiana?

    Just trying to plan ahead and wanted to see if anyone here has filed BK chap7 in Indiana and what happened to their tax refunds? If you had to give the refund to the trustee, was he amount pro-rated?

  • #2
    We filed chapter 7 last week here in Indiana. (11 months afer our first meeting with our attorney). We were told that the trustees usually go after any tax refunds over $1K, since the last couple of years we've gotten around $1500 in tax refunds -- we're guessing we won't get to keep it. But, I'm going to keep my fingers crossed that since its not much over they won't take it!

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    • #3
      Darn, I was hoping I would be able to keep at least most of it. We usually get around 3k back., but 1k is better than nothing. Did the lawyer mention anything about waiting until early next year to file and if that would change anything?

      Thanks for the input btw.

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      • #4
        When I talked to him last spring about filing then, and tax refunds, he said it wouldn't make any difference when we filed; that they usually go after tax refunds anytime during the year. We were told the same thing last week when we signed the final paperwork too.

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        • #5
          I would think you could file after you get the refund and spend it. I am getting a 6200 student loan refund and was told today to get everything ready and we would file when my accounts where down to less the 300 bucks. He told me all I had to do was exempt what I bought. Might call a lawyer. Where are you at I know a good one in terre haute

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          • #6
            They will take your refund, anything over any EIC they can get. I got 4500 and they took 1300 of mine. I filed 09/09 and didn't get my refund back until 5/10, we filed the tax return in 1/10 by the way.

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            • #7
              Originally posted by JLMILLER73 View Post
              They will take your refund, anything over any EIC they can get. I got 4500 and they took 1300 of mine. I filed 09/09 and didn't get my refund back until 5/10, we filed the tax return in 1/10 by the way.
              So the case just remained open until you gave the trustee a check for the amount he or she wanted? Was your discharge date on time?

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              • #8
                wild card

                Hi JV09,

                Have you used the 8K wildcard? It can be used to exempt your tax return.
                (Indiana exemptions not so great but a nice wildcard)

                Tom in Colo (good exemptions but no wildcard)
                Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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                • #9
                  tell me about it, They flat out suck, seems to me the wildcard is the only worth wild exemption
                  Originally posted by tcreegan View Post
                  Hi JV09,

                  Have you used the 8K wildcard? It can be used to exempt your tax return.
                  (Indiana exemptions not so great but a nice wildcard)

                  Tom in Colo (good exemptions but no wildcard)

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                  • #10
                    I dont think we can use the wildcard for tax refunds since the refund is considered an intangible property.

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                    • #11
                      I was told the other day it can be used for anything including straight up cash
                      Originally posted by JV09 View Post
                      I dont think we can use the wildcard for tax refunds since the refund is considered an intangible property.

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                      • #12
                        Interesting, by a lawyer?

                        heres an article I just read..
                        http://en.allexperts.com/q/Bankruptc...Definition.htm

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                        • #13
                          My discharge was 3 mos post filing, just remained "open" and therefore my mortgage co wouldn't talk to me until it was "closed" officially. It was a stupid excuse for them to stall on the loan mod, therefore didn't get any trial again until this past June. I was in a trial mod before my filing, they dropped the payments from 1249 to 750, I called and told I had to file BK as I was being wage garnished for over 350/pp and they said it wouldn't affect the trial. They lied!!! So now, my new trial is only 70 less!!!

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