Taking tax return AFTER discharge?!

[mhfive05]

Hey everyone!

Filed CP7 in Ohio, just got my discharge. Trustee had ORIGINALLY set us as an asset case, with "unknown" as the amount for the tax return on his forms. However, got the discharge of a NO Asset case....does this means the tax return is safe?! Just curious if anyone has ever had one taken away...tried to find the info on here before I posted - sorry if I missed it.

Thanks!

[jp2861]

Technically, I would assume they can do whatever they want until the final closure of the case. But, I would find it extremely weird for that to happen without a filer knowing early in the process. If it was exempted properly it shouldn't happen. A quick double check of your petition should tell you if the refund was listed as exempt (even with the amount listed as unknown). Then all you need to know is if the total amount was protected. If your case is CLOSED I wouldn't worry about it.

[PaKettle]

Hey everyone!

Filed CP7 in Ohio, just got my discharge. Trustee had ORIGINALLY set us as an asset case, with "unknown" as the amount for the tax return on his forms. However, got the discharge of a NO Asset case....does this means the tax return is safe?! Just curious if anyone has ever had one taken away...tried to find the info on here before I posted - sorry if I missed it.

Thanks!

I'd call and ask your attorney.
But I would think that if you were discharged as a no asset case then he can't take your taxes. But double check with your attorney or your trustee.

[mhfive05]

Just got word that I have to send them in still. I can't believe I got the discharge, and THEN they take these!

[JRScott]

Sorry mate . Still small price to pay for freedom

[JRScott]

Sorry Mate , Small price to pay for freedom though

[jp2861]

Just got word that I have to send them in still. I can't believe I got the discharge, and THEN they take these!

How did you go so long without this ever being discussed? It definitely sounds weird. But, until the case is actually closed anything can happen. The discharge is our ultimate objective, but nothing is safe until it's officially closed.

[mhfive05]

Well, we had a weird case. We had our hearing on a Tuesday, but the Friday previous, I got fired. So I went into the 341 jobless! When the trustee asked if my wife was making the same money as she was at her previous job when we filed (as she switched jobs between filing and the 341), we told him that it was 10K less (which is the truth). Then he asked if I was still working, I said, "No, I lost my job last Friday", he about fell out of his chair. He said...."Wait, so you make 10K less, and you don't have a job now?", and that was pretty much the end of our meeting. The trustee asked us to tell our attorney how much the return was since we hadn't filed at that point, and we did. The trustee never asked for our 401K info or bank info, so our attorney said to wait it out and not really bring it up because we may be a straight "no asset" case...but here we are, it came up. I wrote a very nice letter to the trustee, so we'll see what happens. I'm still out of work, so it'd be nice to have that money to pay for COBRA and rent...but we'll see. Thanks for all of the info though, I've been lurking this site since last October!

[JRScott]

Dang it does sound rough , I hope you can find another job. Hopefully you'll be found a no asset case.