What is this???

[BrokeAzzez]

[TEW]

the trustee is going to take your tax refund

[BrokeAzzez]

son of a...... I read somewhere that I have a 4000 wild card exemption in my state...wouldn't this fall under that!!???

[TEW]

should be I'm not sure if that's automatic or not

[BrokeAzzez]

I have put in a question to my attorney...he's a dumb A$$ though. I'm thinking about asking the trustee straight out if we can use that.

[BrokeAzzez]

Attorney says can't use the wildcard....money owed to you is intangable. The trustee sent a letter and she is taking most of my refund. Attorney said that she takes 35% off the top then hired herself??? To do what??? I didn't know that I was going to have to pay and attorney AND the trustee....Geez.

[B65]

I exempt mine

they asked what i got back last year i told them and they exempt that amount, could you not have done that with your wild card before hand?

[BrokeAzzez]

she never asked about last year....just wanted this years taxes.

[StartingOver08]

I think that B65 was referring to his attorney asking how much his refund was the prior year so the anticipated refund could be SPECIFICALLY exempted on the schedules so the Trustee could not take your tax refund.

Sounds like your attorney has not ever exempted the anticipated refund before so now you are losing your refund to the Trustee.


In the long run, it is better just to go ahead and get the Trustee the refund and move on with your life knowing you have discharged all the rest of the debt.

[BrokeAzzez]

I'm not too pleased with our attorney, so far I've had to do most of the work myself. You live and learn. Yes it is a small price to pay and it could be worse. I was just hoping to keep this money to help us buy a new car....but we'll manage

[AngelinaCatHub]

Your sixty day club has now become a 90 day club. We too were an asset case and were extended. We had an attorney like yours. This is a common communication on this board as there are so many attornies and few good ones, I'm afraid. 'Hub

[BrokeAzzez]

Thanks....why the extention?

[B65]

hmmm with assets or a tax return

I thought Discharge was still at the 60 day mark and it was just kept open to administer the assets .... not closed..
can anyone clarify?

[BrokeAzzez]

yes please.....I saw the trustee filed this today? I'm assuming that we won't be closed until May?

NOTICE OF ABANDONMENT, POSSIBLE ASSETS

AND LAST DAY TO FILE CLAIMS

The Trustee filed a Notice of Possible Assets and Abandonment of Property with the Court on

January 29, 2009.

NOTICE IS HEREBY GIVEN that all scheduled assets will be abandoned from the estate

EXCEPT 2008 State And Federal Tax Refunds−Pro Rata. Objections to the proposed

abandonment of property must be filed at http://ecf.insb.uscourts.gov which requires a user

account and password or in writing with the Clerk's Office in accordance with Local Rule

S.D.Ind. B−9013−1(d). Any objection must be served on the trustee by February 17, 2009.

YOU ARE FURTHER NOTIFIED that there are assets from which payment of a dividend to

creditors may be possible.

CREDITORS MUST FILE A CLAIM IN ORDER TO

SHARE IN ANY DISTRIBUTION FROM THE

ESTATE, WHETHER OR NOT THE DEBT IS

SCHEDULED.

THE LAST DAY TO FILE A PROOF OF CLAIM IS May 4, 2009. Claims must be filed at

http://ecf.insb.uscourts.gov (user account and password required) or in writing with the Clerk's

Office. YOU MUST SERVE A COPY OF THE CLAIM WITH ATTACHMENTS ON THE

CASE TRUSTEE. If you want a file stamped copy returned, enclose an extra copy and a

self−addressed, stamped envelope. Do not send original proofs of claim; filing parties are required

to keep originals for three years or until the case is closed, whichever is earlier. Creditors having

previously filed a claim need not resubmit the claim unless it is no longer accurate