Now I already know the TT can take my refund but here is my situation: At the beginning of this year I increased my exemptions to get more money back in my paycheck since I always get about 6-7k refund, so I don't think I will be getting much back this year, will the trustee know that? Or will they make me an asset case and then figure out I'm not getting anything back?
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Different Tax Refund Quesrion
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If the trustee said that he/she is taking your refund, then you will be an asset case even if you have a $1 refund, or if you have no refund at all. Basically your case will remain open until you file your 2009 tax return and you send that info along with any refund, to the trustee.You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under
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I wouldn't worry about the trustee comparing this year's taxes to previous years. Because you reduced your withholding, you actually have more income on your schedule I, so it's a balancing act. I would be worried if I filed my sched I with high withholding to reduce my income, then adjust my withholding after the fact.
As for being an asset case, it usually depends on how much. In CO, if you have less than $2000 in assets, the trustee won't take it, because it's not worth the time and usually won't be much benefit to your creditors.
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