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Questions -- Cosigner issue and tax refund situation not clear

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    Questions -- Cosigner issue and tax refund situation not clear

    My 341 meeting was on 8/25 of this year. Prior to the meeting, my attorney states it is unlikely that the trustee will ask for the tax refund for 2010. The attorney stated $900 isn't enough but at the 341 meeting there was paper given to everyone in the lobby about giving the trustee the refund after filing in 2010 for 2009. I checked the status of my case and there was an entry by the trustee reporting, "No Distribution." Does this mean I keep my refund for when I file in February 2010? Should I write a letter asking or leave it alone?

    My second question, two of the creditor accounts Wells Fargo Financial and Citifinancial had cosigners. I was the primary account holder for Wells Fargo Financial and secondary for Citifinancial. Both are loans with balances of $600 and $1,900. I'm wondering if it will discharge completely and the creditors will not go after my ex [since she cosigned with me in 2008].

    Any feedback would be appreciated.

    #2
    As it relates to the tax refunds for 2009 and 2010, unless you can claim an exemption:

    2009 if not received, cashed and spent prior to filing belongs to the Trustee
    2010 (due in 4/11) the Trustee has the right to take a pro rata share of the refund based upon your filing date.

    It is true that if the refunds amount to next to nothing the Trustee will not want them but that is up to the Trustee, not you.

    If in doubt ask the Trustee.

    As to the co-signed credit cards. Your Discharge eliminates your obligation. The co-signer is still on the hook.

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