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

[laurannm]

Sorry for bringing up a post that is a bit old but doing research on this. How exactly would one go about telling the trustee what he/she is entitled to?

It is written into the BK code I believe

[danaf]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

Sorry for bringing up a post that is a bit old but doing research on this. How exactly would one go about telling the trustee what he/she is entitled to?

[RRD]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

Well that is good to know. Our trustee never once mentioned anything about the taxes. We were told we were a no asset case. Our lawyer called today and put in an exemption for it because we were federal exempt. He said the trustee has 30 days to fight it, but that he's fought these before against trustees and won. So we'll appreciate the refund more now that we almost lost it and "hopefully" get it back! LOL. If not, we'll look forward to next year.
Thank you all for your replies!

[Stilltheone]

This is scary, I hope I dont lose mine:-(

I was thinking the same thing! But, we were discharged and closed on the same day.

[StartingOver08]

my atty said my ref is less than my $4000/$5000 excemption in fla... doesnt any one else get this?

All of your exemptions have to fit in the $5000 (FL): That means cash, equity in vehicles, household goods, clothing, tax refund....EVERYTHING.

[Grider]

taxes

my atty said my ref is less than my $4000/$5000 excemption in fla... doesnt any one else get this?

[laurannm]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

[trying_to_fix]

My trustee asked for my 2008 taxes during my 341 meeting. Even if I lose it all I just consider it to be an investment for a future without the financial issues I've been encountering lately.

[gymbofreak]

This is scary, I hope I dont lose mine:-(

[PoorGrammyinBK7]

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.

Were you an asset case?

[liz417]

Thank you all for your input! Even if the trustee gets it (if our lawyer loses), it's a small price to pay for discharging 175k in debt! Bye Bye new car

That's a good way to look at it. It's well worth giving up a few bucks compared to our 175k debt, collection calls, etc. Good Luck!

[RRD]

Thank you all for your input! Even if the trustee gets it (if our lawyer loses), it's a small price to pay for discharging 175k in debt! Bye Bye new car

[RRD]

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.

The note explicitly states we can't do that. Even though we were discharged in September, our lawyer said we were federal exempt that he's going to fight it. It was exempted. So there's still a chance that we can keep it!

[Bell30656]

Those that haven't filed as of yet, can look at this thread and realize that maybe this is the year that you want to wind up owing taxes rather than receiving a refund. Last year I began reading about people losing their tax returns on this forum. Thus when I got divorced, I made certain that my deductions would put me in the just owing category. I think I'll owe a $100 or less.

You know if you were to "forget" certain deductions you could file an amended return later in the year or even next year. Speak to your tax preparer about this. When I first started using a CPA for my taxes he re-figured my previous three returns and filed amendments causing me to get a check back from the IRS for years gone by.

[momof3b1g]

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

I'd like to know this too. Would that be legal? I'm thinking they could still take it. But next year when you actually get it.
What about the 2009 refund? If we spend our 2008 refund then file say Feb 2009. Can they take any of the 2009?