Who's right? Me or him?

[ndbigler]

I posted a thread pretty recent about if the trustee could take our tax returns after discharge. Well, I found out that if he did, he would take 5/12, since we filed in May 05. Then I called our lawyer, and he said that it would be better to wait until our case is closed to file, and that no matter what, if we're expecting a refund or to pay, we should file by April 15th. But he also said that its pretty likely our case will be closed by then, so we'll be fine. So here's my question. I explained all this to my husband, and he doesn't understand why I would even think to care about all of this, because he thinks that since we've filed bankruptcy, and been discharged, it shouldn't even be thought about. The fact that the trustee could take any of our refund. But, I mean, it IS possible that he could if our case was still open, even if we've been discharged, right? Or am I just thinking about all this for no reason at all, and we really do have nothing to worry about? Of course from what our lawyer said, we don't have anything to worry about, as long as we file our 05 taxes after our case is closed...

[Minnymouth]

Yes, the Trustee can take your income tax refund if he sees fit. A small amount he probably won't bother with but a large amount, he'll probably go after it if your case is still open. If your case is closed, he can always petition the court to go back and seize you refund to pay creditors if he wishes.

I don't know how much your refunds usually are, but stop and think a minute..... "Losing a income tax refund in place of discharging all your debts" doesn't seem like much to give up, does it???

Me, I would and be glad to hand my tax refund to the man....... and count my blessings.

Just my thoughts,

Minny