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Question about tax refund

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  • Question about tax refund

    My first post here. I filed in August, and just passed the 60 day post 341 meeting period, with no objections. My case is no asset and no distribution. There hasn't been any filings since September, which is when the 341 meeting was.

    I will be receiving a tax refund for 2010, but not until February, at the earliest. Will the court take an interest in it? Neither my attorney, nor the Trustee has said anything about it.

    I could have changed my withholding, and then there would be no refund. I'm a little confused about how tax refunds figure into BK.

  • #2
    most likely if you heard nothing from the trustee at this point you'll be fine with keeping your tax refund if you do get one...we filed in april and the trustee never questioned it.

    here's a GREAT thread about when the trustee begins to really look at taking your tax refund monies...it's a thread from one of our mods HHM....it's worth a read!!

    http://www.bkforum.com/showthread.ph...or-Tax-Refunds
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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    • #3
      Our Trustee told everyone before they left whether or not he wanted a copy of the 2010 tax return. About half of the people will have to give him a copy. We do not. If he did not tell you, and you never hear anything about it, then he has no interest in it.
      I may be smarter than an attorney, but I'm not one. No legal advice here, people.
      Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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      • #4
        dumpin...i couldn't leave a message for you...but man o man did i crack up when i saw your addy.....how funny is that??? and what is it that's smiling?? a dog, a donkey???


        Egr....i really think it's going to be alright with your refund just as dumpin said as well.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment


        • #5
          Originally posted by tobee43 View Post
          dumpin...i couldn't leave a message for you...but man o man did i crack up when i saw your addy.....how funny is that??? and what is it that's smiling?? a dog, a donkey???
          LOL. It's a llama. We did this drive through animal farm and there were tons of llamas and this one stuck it's head and teeth in my hubby's face in the car. Priceless.
          I may be smarter than an attorney, but I'm not one. No legal advice here, people.
          Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

          Comment


          • #6
            I would think if you are a no asset case, have been discharged AND your case is closed you will probably get to keep your 2010 Income Tax refund. If you are an asset case the TT most likely is keeping your case open and will come after your refund. If you are a no asset case, discharged but NOT yet closed the TT may still come after your income tax refund.

            At least that is the way I understand it, someone please correct my if I am wrong.

            We are a no asset CH7 and have been discharged and closed. The TT never made any mention of our 2010 Tax Refunds which was kinda surprising considering our 2009 refund was over $10k. So we hope we are in the clear and no unexcpected letters show up !

            Comment


            • #7
              I just filed pro se in Illinois. The clerk gave me a form with my trustee's information on it and it states I must send him my last tax return. On my schedules, I listed the EIC (earned income credit) as an exemption (public assistance) as I have 4 kids and had almost no income in 2010. My 2010 tax refund will primarily be that EIC money and I've read that in IL the EIC is exempt. I also listed the child tax credit as an exemption - don't know if that one will fly, tho! The tax refund issue is my biggest worry with my no asset Ch 7. I am unemployed and my refund is what will keep the roof over my kids' heads for at least 6 months if I still have not found a job by the time I get my refund (Feb. '11). Last year my refund was $7200, most of which was EIC and CTC.
              Last edited by chicagoannie; 11-19-2010, 09:49 PM. Reason: typo
              Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
              New Job 7-2011

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              • #8
                My 341 was last week. At the beginning, the trustee announced we all had to sign the form up at her desk and these were her words "I'm gonna get ALL you guys' tax refunds!" She even made the woman ahead of me sign the form and she was unemployed, had 2 kids and her only refund would be EIC. As soon as I prepare my forms, I have to send both Federal and State to her, and then when the checks come, both my refund checks go to her.

                Yes, I'm ticked off, I was hoping to start building a savings account with my refund next year. Usually I get a refund between $1200 and $1500 from Federal, around $100 from the State but this year I paid $800 of sales tax to the state when I got a new car.....I would have received a lot of that back. I'm a no asset Chapter 7 also.

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                • #9
                  BKDebby - may I ask if you live in Illinois?
                  Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                  New Job 7-2011

                  Comment


                  • #10
                    Thanks for the replies. The Trustee at my 341 meeting didn't say anything about wanting to see my 2010 tax return. I haven't been discharged yet, so maybe they'll still ask for it. We'll see.

                    Comment


                    • #11
                      bk debby-why not change your withholding exemptions (assuming you are working) to 99 or whatever to have no additional income tax withheld-that will reduce your refund= not a lot of time left in 2010 but it might save you a few bucks-

                      Comment


                      • #12
                        Originally posted by dumpinmydebt View Post
                        LOL. It's a llama. We did this drive through animal farm and there were tons of llamas and this one stuck it's head and teeth in my hubby's face in the car. Priceless.
                        A LLAMA!! LOL!! your right that IS priceless....

                        meatstick, yes, that is also the way i understand it. if the trustee was interested, one should know by now.
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                        • #13
                          I just filed Chp 7 BK on the 12th of this month, my 341 meeting in next month Dec 21st...and my attorney said my discharge should be roughly around the end of Feb...will my tax refund be taken?

                          Comment


                          • #14
                            Originally posted by BKDebby View Post
                            My 341 was last week. At the beginning, the trustee announced we all had to sign the form up at her desk and these were her words "I'm gonna get ALL you guys' tax refunds!" She even made the woman ahead of me sign the form and she was unemployed, had 2 kids and her only refund would be EIC. As soon as I prepare my forms, I have to send both Federal and State to her, and then when the checks come, both my refund checks go to her.

                            Yes, I'm ticked off, I was hoping to start building a savings account with my refund next year. Usually I get a refund between $1200 and $1500 from Federal, around $100 from the State but this year I paid $800 of sales tax to the state when I got a new car.....I would have received a lot of that back. I'm a no asset Chapter 7 also.
                            what a horrible experience.....really. i can't believe these trustees are so heartless....especially for no asset 7 cases....

                            i'm sorry BKDebby...that must have been just awful to see.
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                            • #15
                              Originally posted by mizzmonick19 View Post
                              I just filed Chp 7 BK on the 12th of this month, my 341 meeting in next month Dec 21st...and my attorney said my discharge should be roughly around the end of Feb...will my tax refund be taken?
                              it's really hard to tell...i know hhm...on that thread explained oct was the month the trustees start looking...

                              we didn't file until april and we had rec'd a fairly large return...and not a word for "back" payment...however, maybe the reason why is when we had our 341 all we had was our ss income..pension and ui? that's the only thing i can think of...other than this year most likely there was nothing to take anyway!
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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