Please help me with my story

[LSUTiger32]

That totally depends on the district. Some districts take all of it, some take a pro-rated portion depending on when you filed, some don't take any of it. Some districts it's automatic and everyone gives up their tax return, some districts is is a case by case basis.

Did the trustee give you anything in writing explaining the district's policy on tax returns? In my district they do not automatically take your return, but if the trustee asks for it, they can take the whole thing.

He did mention to us that he wanted to see it. He did say he might take some, or he might not touch it at all. He just asked us to please comply and make sure he sees the return and that we do not do direct deposit. We have to do a paper check.

[2manybills]

It is totally dependent on your district. We are dealing with guys out here that are trying to push out 250 cases a day! They're going crazy with more on the way!

I would ride it out. Let your attorney handle it and the bigger issue is that you are in the 60 Day Club!

I would think that you guys that suffered losses from Katrina would be given a break!

[backtoschool]

Bummer, but that's OK. I won't let it get me down.....it's just going to motivate me to do better by my kids anyway. They deserve more than what I was doing so they can take this $650 and we can start saving some real money for them.

Once the new year rolls around and we have everything in place, $650 will be chicken scratch in their accounts!

As far as the tax refund is concerned, he is only entitled to 4/12's of it right? I filed 8/17/09. So he is only entitled to a portion of it, correct?

That totally depends on the district. Some districts take all of it, some take a pro-rated portion depending on when you filed, some don't take any of it. Some districts it's automatic and everyone gives up their tax return, some districts is is a case by case basis.

Did the trustee give you anything in writing explaining the district's policy on tax returns? In my district they do not automatically take your return, but if the trustee asks for it, they can take the whole thing.

[LSUTiger32]

Here is the piece of the law that applies to the college fund (which I am assuming is a 529 college fund)

Section 541(b)(6), added to the Code in October 2005 (the "BAPCPA" amendments) states that property of the estate does not include:

funds used to purchase a tuition credit or certificate or contributed to an account in accordance with section 529(b)(1)(A) of the Internal Revenue Code of 1986 under a qualified State tuition program (as defined in section 529(b)(1) of such Code) not later than 365 days before the date of the filing of the petition in a case under this title

The key here is that you put the money in this year. Parents were abusing 529 accounts in the past by hiding assets there and then filing bankruptcy, so this piece of the law is an attempt to stop that.

So I would just assume that the whole $650 is gone.

Bummer, but that's OK. I won't let it get me down.....it's just going to motivate me to do better by my kids anyway. They deserve more than what I was doing so they can take this $650 and we can start saving some real money for them.

Once the new year rolls around and we have everything in place, $650 will be chicken scratch in their accounts!

As far as the tax refund is concerned, he is only entitled to 4/12's of it right? I filed 8/17/09. So he is only entitled to a portion of it, correct?

[backtoschool]

He gave me a paper about the tax return and it seemed to me to say that I would still get discharged but that the case wouldn't be closed until after I file and get my 2009 tax refund.

I can't believe money in a kids college fund is not exempt. Then again I should be able to replace it pretty fast. I put $500 in and it is worth $650 now. Can he take the gains also, or just what I put in?

Thanks so much BTS, you are the best!

Here is the piece of the law that applies to the college fund (which I am assuming is a 529 college fund)

Section 541(b)(6), added to the Code in October 2005 (the "BAPCPA" amendments) states that property of the estate does not include:

funds used to purchase a tuition credit or certificate or contributed to an account in accordance with section 529(b)(1)(A) of the Internal Revenue Code of 1986 under a qualified State tuition program (as defined in section 529(b)(1) of such Code) not later than 365 days before the date of the filing of the petition in a case under this title

The key here is that you put the money in this year. Parents were abusing 529 accounts in the past by hiding assets there and then filing bankruptcy, so this piece of the law is an attempt to stop that.

So I would just assume that the whole $650 is gone.

[ForumReader]

He gave me a paper about the tax return and it seemed to me to say that I would still get discharged but that the case wouldn't be closed until after I file and get my 2009 tax refund.

I can't believe money in a kids college fund is not exempt. Then again I should be able to replace it pretty fast. I put $500 in and it is worth $650 now. Can he take the gains also, or just what I put in?

Thanks so much BTS, you are the best!

I apologize if I missed something from your thread regarding your kids' college fund, but what kind of account was the money put in? Certain college fund accounts should be exempted, is that correct? Yes, I can't believe that the trustee would want the kids college fund especially for this kind of balance you put in! At least your case will be discharged eventually. Please hang in there.

[LSUTiger32]

Your 401k is exempt and fine unless you put in more than the amount that can be a pre-tax contribution according to the irs ( around 15,000 a year per person.)

He will take the college fund.

He is also going to take your tax return.

I think this puts you pretty much in the same boat as me. You are in the 60 day club, but you might have an objection to one of your exemptions.

This will not delay your discharge though.

He gave me a paper about the tax return and it seemed to me to say that I would still get discharged but that the case wouldn't be closed until after I file and get my 2009 tax refund.

I can't believe money in a kids college fund is not exempt. Then again I should be able to replace it pretty fast. I put $500 in and it is worth $650 now. Can he take the gains also, or just what I put in?

Thanks so much BTS, you are the best!

[backtoschool]

The 401K contributions have been throughout the year from my paycheck and from my wife's.

The college fund money I put in there on March 20 of this year, so I guess he will take that. (How can he sleep! )

Your 401k is exempt and fine unless you put in more than the amount that can be a pre-tax contribution according to the irs ( around 15,000 a year per person.)

He will take the college fund.

He is also going to take your tax return.

I think this puts you pretty much in the same boat as me. You are in the 60 day club, but you might have an objection to one of your exemptions.

This will not delay your discharge though.

[LSUTiger32]

It doesn't mean you won't be discharged in 60 days, it just means you might be an asset case. When did you deposit the money in your kid's college fund and your 401k?

The 401K contributions have been throughout the year from my paycheck and from my wife's.

The college fund money I put in there on March 20 of this year, so I guess he will take that. (How can he sleep! )

[notforsale]

You might want to consider writting a book on BK, I think you would do well! If you follow this idea I will expect a signed copy!!!LOL. Thanks for the play by play of your 341. Best of luck to you and welcome to the 60 day club.

[backtoschool]

I have no idea how I missed your earlier post but I did. Yeah it looks as though he is coming after some stuff. I mean it kind of stinks in Louisiana because we have hardly any exemptions at all. Oh well, I will just wait it out and see.

It doesn't mean you won't be discharged in 60 days, it just means you might be an asset case. When did you deposit the money in your kid's college fund and your 401k?

[LSUTiger32]

It sounds like he will take the college fund if you put the money in it this year. He can't legally touch the 401k funds unless you didn't directly roll them over.
He is going to take your tax return.

It's not clear if he concluded your 341, or is waiting to check on the college fund and 401k to conclude it.

I have no idea how I missed your earlier post but I did. Yeah it looks as though he is coming after some stuff. I mean it kind of stinks in Louisiana because we have hardly any exemptions at all. Oh well, I will just wait it out and see.

[backtoschool]

Where are all my buddies? I am trying to figure out if I am in the 60 day club!!!!

It sounds like he will take the college fund if you put the money in it this year. He can't legally touch the 401k funds unless you didn't directly roll them over.
He is going to take your tax return.

It's not clear if he concluded your 341, or is waiting to check on the college fund and 401k to conclude it.

[LSUTiger32]

Where are all my buddies? I am trying to figure out if I am in the 60 day club!!!!

[LSUTiger32]

I was wondering guys, if he decides to take say the college accounts ($600), the 401K contributions (about $1,100 for the year) and a portion of the tax return will I have to pay that immediately and will he strip the accounts? Or.....will he give me a payment plan of some type?