Please read...Trustee taking our tax return after discharge...

[floridian]

might the trustee get a copy of your returns and read that you didnt want a refund this year?

[magyar123]

One way of eliminating the refund when you file is to note on the bottom of your tax return that you don't want your refund this year but to apply the amount towards next year's taxes.

[allavdj]

If you haven't filed yet, you might "forget" some deductions to lower your refund and carry them over to next year. Might wanna go over that with a tax person though. You would want to make sure that you -can- carry over whatever you plan on leaving off though. It's skirting on the lines of fraud, but there are no laws stating you have to claim all your deductions in a given year.

It's kinda like: Is it a lie if you omit some facts?

p.s. I'm not a lawyer or an attorney nor am I advising you to take any specific action...merely throwing out a possible course.

[JayJay]

well, at least you can enjoy your tax return in 2010 =-)

[HHM]

They only get one tax refund.

[RRD]

That sucks....so can they keep taking tax refunds or once it's closed, they can no longer take them? I did not know that any of this was even a possibility. Thanks for the helpful answers. This was quite a shock.

[justbroke]

What do you mean by open? After it's discharged, isn't it closed? How many years can they do this for? And how would I know when it's "closed"?

Discharge does not equal close. Discharge is just when your prior dischargeable debts are discharged.

If the Bankruptcy Estate has assets to still manage (like waiting for your income tax refund), the Trustee can keep it open to manage, receive, and disburse those funds.

It's closed when it reads as such in PACER or you get an official notice that the case is closed.

[RRD]

What do you mean by open? After it's discharged, isn't it closed? How many years can they do this for? And how would I know when it's "closed"?

[HHM]

That is perfectly normally. So long as your case is "open", the trustee can admin the assets.

[RRD]

We just received a letter today stating that our Trustee was going to take our full tax return for 2008. We were discharged in Nevada on September 30th. Has this happened to anyone else? Is there any way around this?

Thanks for input.