I received my discharge in my Chapter 7 case two months ago, but the case is still open as the Trustee seeks assets to take (for example, restricted stock from my employer that vests soon). I filed my taxes this weekend and am due a refund from both federal and state. I understand that since I filed during the 2019 calendar year, the trustee can only take a prorated portion of my tax return based on my filing date. My case is a little unique though:
1. I filed Chapter 13 in March 2019
2. Though I am married, I filed for bankruptcy individually, and my wife and I do not share any joint accounts of any kind
3. In August 2019 I converted my Chapter 13 to a Chapter 7
4. Received discharge in February, but the trustee is still seeking any assets they are entitled to
5. My wife and I filed joint tax return for 2019 and will receive a refund
So my question is, what portion of our refund is the trustee entitled to? Is he only entitled to my the prorated portion from January 1 through my Chapter 13 filing date in March? Or is the filing date now considered to be in August when the case was converted? Also, since my wife and I filed a joint tax return, but she is not a part of the bankruptcy case, how does that figure in to the calculation?
1. I filed Chapter 13 in March 2019
2. Though I am married, I filed for bankruptcy individually, and my wife and I do not share any joint accounts of any kind
3. In August 2019 I converted my Chapter 13 to a Chapter 7
4. Received discharge in February, but the trustee is still seeking any assets they are entitled to
5. My wife and I filed joint tax return for 2019 and will receive a refund
So my question is, what portion of our refund is the trustee entitled to? Is he only entitled to my the prorated portion from January 1 through my Chapter 13 filing date in March? Or is the filing date now considered to be in August when the case was converted? Also, since my wife and I filed a joint tax return, but she is not a part of the bankruptcy case, how does that figure in to the calculation?