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Do I need to tell the court?

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    Do I need to tell the court?

    I had my chpter 7 bankruptcy discharged in early 2010 they made me file my back (2008 and 2009) taxes but let me keep the money from the refund when I filed for bankruptcy. The court didn't make me file my state taxes. I finally have gotten around to filling at it looks like I am going to get back about $3,000. Do I need to inform the court?

    #2
    Check with your attorney. But, if your case was closed, which is different from being discharged, you probably don't need to tell them about it. But, I know nothing about your case, so I will repeat: Ask your attorney.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Thank you for your reply - my intention is to ask my attorney but unfortunately he is awful and would like to get the advice of random internet strangers so I might be able tell if what he tells me to do is his good legal advice or his bad legal advice (which usually comes from his terrible paralegal).

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        #4
        Ugh, wanderinggir. I feel for you. Our attorney was terrible also, and led us into several serious mistakes.

        Florida does not have a state income tax--yet! So I really cannot give you an 'educated' answer. I would think that if your trustee did not require your submission of your state income taxes, while you were in your BK, that you won't be asked for them now. Especially if your case has Closed. Has it Closed yet?

        Welcome to the forum, BTW!
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          I would assume it has been closed it has been over a year since discharge and we were a no asset case. The only reason I worry is we were up against the allowed limits for exempt stuff and I now have a very good high paying job and would not want to risk opening up a $130,000 bankruptcy over a few thousand dollars.

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            #6
            Don't make any assumptions. If the trustee knew you may be receiving a refund, they may have kept your case open to wait for the refund. But, if the case was delcared a no asset case, that is a good sign.

            You could get a PACER account to look up your case to see if it is closed. For information on PACER go to http://www.bkforum.com/showthread.ph...Guide-amp-Tips
            LadyInTheRed is in the black!
            Filed Chap 13 April 2010. Discharged May 2015.
            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

            Comment


              #7
              Locate your BK paperwork, and go through it. There should be a formal statement similar to the Discharge order and would have come through the mail. We got duplicate copies of everything, because the court mailed directly to both 'Hub and I as joint filers, and also duplicate notices from our attorney's office.

              If you can't find your paperwork, do you have a PACER account? if you don't, it is easy to sign up for. There are stickies in the Ch7, and General Bankruptcy Talk boards about PACER, what it is, and how to sign up.
              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."

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                #8
                Thank you both. I think I now remember getting the close notice but I didn't really know what it was it was like a month after the discharge. We were declared a no asset case at our hearing. I will definitely look it up on pacer though to make sure. I will also call my attorney tomorrow at least I have some cover if he tells me the wrong thing.

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                  #9
                  If you were declared a No Asset case, then the trustee wasn't interested in your state income taxes. However, check all of this out on PACER before you talk to the attorney.

                  If you find out that you definietely are No Asset, and the case HAS been closed, then I think I would just keep my mouth shut and go on about your business.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

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