trustee's interim report and tax return

[backtoschool]

Hi all,

I have a question and I wanted to start a new thread on it since it is pretty specific. My trustee filed his interim report showing me owing $1,000 for a "preference" and having no other assets.

Nowhere was my future 2009 tax return mentioned as an asset.

Does this mean that the trustee is not going after my 2009 future tax return?

Thanks in advance......

[JoeBankrupt33]

I've read threads in the past where the trustee just waited to ask about the tax return. I think that may be what's happening in my case. I am an asset case and I think the trustee is waiting for my '09 return before he pays any creditors and closes the case.

[howtoplan]

Our trustee posted an interim report but it isn't viewable. do you have any idea why this might be the case?

[backtoschool]

Our trustee posted an interim report but it isn't viewable. do you have any idea why this might be the case?

Mine has an document attachment that is a schedule of assets and checkmarks as to whether they are being abandoned or have been fully administered, etc. All assets but the $1,000 item listed as a "preference" show as fully administered and my next year's tax return is not listed on the schedule.

[backtoschool]

I've read threads in the past where the trustee just waited to ask about the tax return. I think that may be what's happening in my case. I am an asset case and I think the trustee is waiting for my '09 return before he pays any creditors and closes the case.

In my district, the trustee would have to formally ask for the tax return as part of the report of assets from what my research tells me, but if anyone else has any experience with this, I would love to hear about it.

[ForumReader]

Mine has an document attachment that is a schedule of assets and checkmarks as to whether they are being abandoned or have been fully administered, etc. All assets but the $1,000 item listed as a "preference" show as fully administered and my next year's tax return is not listed on the schedule.

That is very interesting. Did the trustee grill you about your prior tax returns as well with your car?

[backtoschool]

That is very interesting. Did the trustee grill you about your prior tax returns as well with your car?

Yes, the trustee grilled me about last year's tax return and how I spent it. But he has not listed next year's tax return as an asset in my schedule of assets on the interim report. So that means that either he thinks I won't have a large tax return since I have been unemployed since January (he is wrong on that one. ) Or, there is a separate document that he will file to claim the tax return.

I am hoping that if he wanted next year's tax return as an asset it would be listed on the table that is his interim report.

[MSbklawyer]

So he says he found a preference? That doesn't sound like the car or the tax refund. That means he thinks you paid a creditor -- to the tune of $1000-- within the 90 days preceding your filing.

[backtoschool]

So he says he found a preference? That doesn't sound like the car or the tax refund. That means he thinks you paid a creditor -- to the tune of $1000-- within the 90 days preceding your filing.

Well, I probably paid $1,000 to someone, for tuition or insurance or something but it wasn't a creditor. Who knows.... I will gladly pay the $1,000 to get my case discharged and closed.

I looked at my checking statements and I can't find anything that he might be calling a preference.

So basically I have no idea what he is talking about but will gladly pay it to be rid of him.

[music12]

that's really strange. maybe your trustee made a mistake.

i think the trustee is supposed to specify what assets he plans to take. but i really don't know.

[backtoschool]

that's really strange. maybe your trustee made a mistake.

i think the trustee is supposed to specify what assets he plans to take. but i really don't know.

I am sure the report of assets is coming. This was just a spreadsheet table called the trustee's interim report.

[whipster1]

A preference will be recovered by the trustee from whoever you paid it too. You may not owe a cent unless you gave an insider/family member some money.

[backtoschool]

A preference will be recovered by the trustee from whoever you paid it too. You may not owe a cent unless you gave an insider/family member some money.

Wow, maybe that's it. I never thought about that! I wrote two checks to my mother each for about $500. (each slightly under $500). Can the trustee take those if my mother wasn't a creditor?

[ForumReader]

Wow, maybe that's it. I never thought about that! I wrote two checks to my mother each for about $500. (each slightly under $500). Can the trustee take those if my mother wasn't a creditor?

Now that would stink if the trustee tried to take money from your mother especially if she was not a creditor. I hope he doesn't though. Just wait and see when the actual report of assets come out from the trustee's interim report. He sounds like the evil twin of Elmer Fudd.

[backtoschool]

Now that would stink if the trustee tried to take money from your mother especially if she was not a creditor. I hope he doesn't though. Just wait and see when the actual report of assets come out from the trustee's interim report. He sounds like the evil twin of Elmer Fudd.

Frankly I agree.

But really, I don't think the $1,000 is the two checks to my mother that were both under $500. I really have no idea what the $1,000 preference is.

The saab is showing as fully administered and abandoned by the trustee on the interim report table so it is not that.