Western MI and Tax Returns

[Migal]

Those of you that have experience here, what happened with your tax returns? Last years or this years? Did the trustee want them? I know my attorney told me they could be exempted for 2010 (i think that's what was said), but what about last years? I don't have receipts of any kind for what it was spent on.

[Mi Bankruptcy]

They shouldn't ask you what you spent 2008 tax refund unless you just received them within 3-4 months. My attorney said they don't usually take tax returns. However, I read a case where a Michigan resident received a normal refund and spent it and then the trustee wanted it. The judge ruled in the trustees favor because she didn't exempt it.. I told my attorney that I don't care if they don't take it exempt it on my forms and the trustee shouldn't have a problem with it.

We were CH7 no asset with plenty of room left in our exemptions. In this case you would do 2009.

Schedule B
Anticipated 2008 Tax return $6,000

On Schedule C We listed:

We put "Anticipated 2008 Tax Return"
(Husb)11 U.S.C. 522(d)(5) $3,000
(Wife)11 U.S.C 522(d)(5) $3,000

[Migal]

Thanks for the reply. I'm a 7, no assets, my attorney says it's an easy case, see's no flags whatsoever. I'm not sure how much room on my exemptions yet, but it sounds as if I'll have plenty or room to exempt them. Thanks!

[Notes4fr]

My 341 was September 2 in the Western District (Michigan) and I did not get any questions on 2008, and I exempted 2009 anticipated refund. No questions at all.

[Migal]

Notes4fr, which trustee did you end up with? Do you mind sharing what questions you were asked? Did they ask you why you were filing?

[Notes4fr]

John Porter. Older guy. No nonsense, quick and to the point. Thorough, but I still felt "ok" sitting across the desk from him.

It was pretty much the standard questions listed in the stickies here. I did not get asked why I was filing. It was pretty much just trying to determine where I was at right now in terms of assets (no asset case).

The guy that was trying to "hide" his pickup truck and trailer by evading the bank's questions (they showed up)... being very vague.... He got more questions than I did... he set off the trustee's radar, I think!

I answered the questions with clearly spoken "yes" or "no" and only elaborated if he asked. In and out in 10-15 minutes. Took longer to get to and from my parking spot than across the table from the Trustee!

[Migal]

I'm getting close to my filing date and the nerves are kicking in again. My attorney says I am a simple no asset 7. No red flags at all.

There doesn't seem to be many filers from MI on here so I appreciate those that are posting their experiences. I'm so nervous about answering questions at the 341!

[Hope2File]

I'm going to be filing (by mail) next week, Western Michigan. We are really far from GR, so I can't make the drive unless I absolutely have to. I plan to exempt our refund for next year, although it should be less because we changed our withholding in August. I was worried though, after reading a few recent posts, about the 2008 return, because we received almost $5K and have absolutely nothing to show for it. Just our typical pattern of behavior (which will NOT continue after this BK experience is over).

[Calthius]

I live in Southwestern Michigan. We filed in the Western District. I actually received my 2008 tax refund the day after we filed. Had our 341 on July 13th. We were never asked about our tax returns.

[Migal]

So how would you guys describe the trustees you worked with? How was your experience?

[Calthius]

The trustee that I had was very laid back and easy going. If you PM me I will give you his name. Our lawyer seemed to have a very good relationship with this trustee.