Hello
I was posting on another board (and then somehow I posted in the wrong section on this board - Im not very experienced with these forums so I apologize) and one of the experienced posters suggested I post on here and see if anyone had any insight they would be willing to share with me.
Background: I filed Chapter 7 in Feb 2008. My meeting of the Creditors was in March 2008 at which time the Trustee said I was to send him my stimulus package when I received it (which I did in May when it arrived - $900) and he wanted an itemization of how I had spent my 2007 tax refund (which I sent him within the week after my 341 hearing).
My Bankruptcy was discharged in June 2008.
I heard nothing more from the Trustee, and when I asked, my attorney said I didnt need to do anything else, that I was 'done' and that I would not have to pay the Trustee anything else as I was 'done' (because I asked if I would have to pay him anything more) I also asked him about buying a car (used) as mine was repossessed and he said that was fine (which I did. I put zero down and the dealership arranged financing for me).
Yesterday (March 27th 2009 - almost 9 months since the discharge and the last communication from the Trustee) I received a letter from the Trustee saying that my attorney gave him permission to contact me directly. He said I was to send him $200 for non allowable things and that I was to send him my 2008 Tax filing and Refund when I received it.
I tried to call my attorney to find out about this, as he didnt tell me Id have to pay the Trustee my 2008 refund, but his number was disconnected. I then went through papers in my file and by fluke found a random number by his name and called it, it turned out to be his home phone number (I think) - he said he no longer worked for that law firm and that I was told in the 341 meeting that I would have to pay my 2008 refund to the Trustee. (mind you this conversation he and I had lasted about 90 seconds tops so how he remembered who I was and the details of my case from almost a year ago I dont know but he was adamant that I was told these things). I explained that neither he nor the Trustee had told me this, but rather that he had told me I wouldnt have to pay anything else as my bankruptcy was done. He became quite annoyed with me and told me he wasnt going to argue with me now and to call his new office number on Monday.
What Im trying to figure out is what I need to do, as I dont have any faith that my attorney is going to be much help. Here is the problem:
I spent my refund, because I didnt know I couldnt so while I have my 2008 tax filing, I dont have the money to send to the Trustee. (I do have $200 to send him).
After reading through posts and googling, I have found things that said that in Oregon, tax refunds made up of Earned Income Tax Credit are exempt from the Trustee being able to take it. My ENTIRE refund is EIC (Im a single mother of 3, well of 2 now that one is in college - and I dont make alot at work and my hours were recently cut again as well). Ive read (and was advised on the other board) that if I have spent the refund, my bankruptcy discharge could be revoked or that the Trustee may take payments. My question is about the EIC refund being exempt in Oregon. Is this correct? And if it is, then why was he able to take the $900 stimulus package since when I did my 2008 taxes, they took that amount out of what I would have received in refund as having already been paid.. so in essence it was EIC as well.
Mostly Im concerned that my discharge will be revoked and that I will get in trouble somehow. The poster on the other board said I wont go to jail (which is something else that scared me) but I dont know how to proceed from here.
Any insight or knowledge someone might have would be greatly appreciated.
Thank you.
I was posting on another board (and then somehow I posted in the wrong section on this board - Im not very experienced with these forums so I apologize) and one of the experienced posters suggested I post on here and see if anyone had any insight they would be willing to share with me.
Background: I filed Chapter 7 in Feb 2008. My meeting of the Creditors was in March 2008 at which time the Trustee said I was to send him my stimulus package when I received it (which I did in May when it arrived - $900) and he wanted an itemization of how I had spent my 2007 tax refund (which I sent him within the week after my 341 hearing).
My Bankruptcy was discharged in June 2008.
I heard nothing more from the Trustee, and when I asked, my attorney said I didnt need to do anything else, that I was 'done' and that I would not have to pay the Trustee anything else as I was 'done' (because I asked if I would have to pay him anything more) I also asked him about buying a car (used) as mine was repossessed and he said that was fine (which I did. I put zero down and the dealership arranged financing for me).
Yesterday (March 27th 2009 - almost 9 months since the discharge and the last communication from the Trustee) I received a letter from the Trustee saying that my attorney gave him permission to contact me directly. He said I was to send him $200 for non allowable things and that I was to send him my 2008 Tax filing and Refund when I received it.
I tried to call my attorney to find out about this, as he didnt tell me Id have to pay the Trustee my 2008 refund, but his number was disconnected. I then went through papers in my file and by fluke found a random number by his name and called it, it turned out to be his home phone number (I think) - he said he no longer worked for that law firm and that I was told in the 341 meeting that I would have to pay my 2008 refund to the Trustee. (mind you this conversation he and I had lasted about 90 seconds tops so how he remembered who I was and the details of my case from almost a year ago I dont know but he was adamant that I was told these things). I explained that neither he nor the Trustee had told me this, but rather that he had told me I wouldnt have to pay anything else as my bankruptcy was done. He became quite annoyed with me and told me he wasnt going to argue with me now and to call his new office number on Monday.
What Im trying to figure out is what I need to do, as I dont have any faith that my attorney is going to be much help. Here is the problem:
I spent my refund, because I didnt know I couldnt so while I have my 2008 tax filing, I dont have the money to send to the Trustee. (I do have $200 to send him).
After reading through posts and googling, I have found things that said that in Oregon, tax refunds made up of Earned Income Tax Credit are exempt from the Trustee being able to take it. My ENTIRE refund is EIC (Im a single mother of 3, well of 2 now that one is in college - and I dont make alot at work and my hours were recently cut again as well). Ive read (and was advised on the other board) that if I have spent the refund, my bankruptcy discharge could be revoked or that the Trustee may take payments. My question is about the EIC refund being exempt in Oregon. Is this correct? And if it is, then why was he able to take the $900 stimulus package since when I did my 2008 taxes, they took that amount out of what I would have received in refund as having already been paid.. so in essence it was EIC as well.
Mostly Im concerned that my discharge will be revoked and that I will get in trouble somehow. The poster on the other board said I wont go to jail (which is something else that scared me) but I dont know how to proceed from here.
Any insight or knowledge someone might have would be greatly appreciated.
Thank you.
Converted to asset case 5/26/2008 [X]
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