whats new with my bk

[aachudneymiles]

OK as you all know I am Pro Se filing in VA Eastern way under state median. Well my 341 meeting was 12/18/07 did that trustee requested Homestead Deed and Amendment did both wasnt sure about my homesteed deed talk to my lawyer friend who help me alot.. well I listed amount for my tax refund as 1.00 on the deed .. well today I get a call from Trustee Ast. saying honey i see you listed the amount as 1.00 i said yes because i dont know how much it will be yet.. anyways she says you need to amendment this to the amount of your last tax refund because if I turn it in like this he (the trustee) will take your 6k tax refund. Well needless to say i rushed and amended my deed.. to reflect what she told me ... now everyone pray for me because I need that money for a new car and baby stuff for my unborn child due in FEB.

but whats the chances she would call and be sooooo nice.. maybe because I am Pro Se?

[Hollyhomemaker]

I also thought you were supposed to list what was on your previous tax year's forms. Putting $1 looks frivolous to the court. You know that you are getting around $6k and you should be upfront about what you are getting. Even if you don't know the exact amount you should know to put down what you got last year since the numbers, unless there's been any changes in your life, would be somewhat similar.

[Minnymouth]

Unfortunately, the Trustee DOES NOT care one way or the other whether you need a car or whether you need clothes for the new baby.................

If the income tax refund is there for the taking and not claimed exempt, believe me he will get it for his creditors.....

Better to take a loss on the income tax refund and start over again debt free..............

[Hollyhomemaker]

I agree. I am supposed to be getting over $7k just between EIC and CTC and it's making me sick. Im in NY and from what Ive learned $2500 is exempt if I don't use the homestead exemption, However, since I am married and my dh isn't filing he is legally entitled to his half of the refund. I had a lawyer tell me that yesterday. But still, Im spooked and I know lawyers have been wrong before....

In some states the EIC and CTC are completely exempt. It's all up to the state's interpretations of the law of what public welfare is. Some states consider EIC and CTC to fall under welfare and others don't.

[Minnymouth]

Hopefully for the filer, some of that will be exempt and she will get to keep it....... a prayer going out............

[aachudneymiles]

I also thought you were supposed to list what was on your previous tax year's forms. Putting $1 looks frivolous to the court. You know that you are getting around $6k and you should be upfront about what you are getting. Even if you don't know the exact amount you should know to put down what you got last year since the numbers, unless there's been any changes in your life, would be somewhat similar.

thats the thing because I had changes like I stop working as much the previous year and my job is flexible like my hours change every week thats why i listed 1 dollar ( that was advise from a bk lawyer) i know its going to be less this year but how less i dont know and will never know how much it will be.. because a homestead deed can be amendment at anytime what i was going to do was list it 1 dollar until i knew the amount then change it. which is most fine aslong as i list tax refund on the deed. bit the trustee would prefer it say 6k now so he dont have to go back and look up the deed and do more work ... which i dont blame him // he seemed real busy.. soo frivous no because on my bk schedules my tax refund was listed as unknown which the trustee does have a issue with ... it that fact that he wants to be done with my case with is wonderful.

ohh yeah in are district you have to give the trustee your last tax return.. and i delivered them in person .. i believe he and his ast know i am honest thats why she called and told me to change it;

[aachudneymiles]

with VA I was able to fit it all under my homestead and wildcard 6k. thnx goodness. -but yeah minny you right trustee coud get damn if I need it for a baby or car... but i would give up the 6k for my discharge but i dont want to... i need it.

[Minnymouth]

That's Great that it will be exempt............... I know your happy about that.....

Yeah, some Trustees really SUCK.................MINE DID....

[aachudneymiles]

That's Great that it will be exempt............... I know your happy about that.....

Yeah, some Trustees really SUCK.................MINE DID....

very happy... it was just a metter of doing the deed right ...