Filing tax refund while still in bankruptcy process

[hopejones]

Hi, all. This is my 1st post but I've been lurking here for about a year.

We had our 341 meeting 2 days ago on 01/14/09. Pacer listed today on my file:

Chapter 7 Trustee's Report of No Distribution

I want to file my tax return for this year today because we really need the refund (maybe $2000). The trustee said that our Chapter 7's discharge date would be 03/15/09. Will we get our refund if we file today or will it go to the trustee?

[arami008]

Good question....I have the same one...can the wild car be used for the refund??? Or any exemptions if you have no cash elsewhere....??

[Mi Bankruptcy]

Did you exempt the return? If not, I would get it and spend it? However, make sure it is on stuff you need. Keep receipts. Don't go buy a new plasma T.V. ( or atleast wait until March) :o)

[soleprop]

Good question....I have the same one...can the wild car be used for the refund??? Or any exemptions if you have no cash elsewhere....??

yes, the wild card can be applied to future tax returns - however you need to clearly state that on your schedule.

[hopejones]

We didn't exempt the tax return on our schedule . I wonder if it's too late to amend the schedules since we've already had our 341 meeting. I would definitely spend the money on getting my car repaired & on catching up on the bills (especially the heat). Thanks for replying guys. I don't think we would have made it without you all's advice .

[StartingOver08]

You can amend your schedules after the 341. Contact your attorney right away, make sure you have enough in your exemptions, including wild card, to exempt the future anticipated 2008 tax refund.

[soleprop]

yup, just want to 2nd that - you can amend until the case is closed - BUT - the sooner the better.