IL, Need help on trustees motion, Pro se
IL, Pro se case; At the 341 the trustee said I was to send her my tax return. She didn't say how much she would keep. I didn't exempt any as I did not yet have the money that was probably a mistake. About 4200.00. On 12/20 I received a notice from bankruptcy court that a motion was filed to take 10/12ths of my tax return and I had until 12/27 to file an objection, 7 days. Can I file a motion for extention of time to file the objection for reason of retaining legal council and would it be definately granted as I do not want to lose the money and I should be able to amend my exemptions to claim much of that tax return.
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I've replied to your original post. You need to give people time to answer-you may not get 10 replies in 5 minutes.
Hang in there!Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision. -
Why don't you file a motion to amend scedule C to exempt, if you used federal use the wildcard if you have any left. Can't believe the trustee is bothering with it. If you amend you can file an object as it is mute if you have the exemptions leftover to use. Motion to amend is a no brainer, just need to cite local rules which give you the ability to amend. Call around for prices for a lawyer, a lawyer will probably not just prepare motion, once they are the part of the case they usually are obligated to continue and thus you will be charged accordingly.Comment
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Where did you have your 341? and who was your trustee?
We live in IL and our trustee didn't ask about our taxes, and our lawyer said that "this" trustee doesn't ask about them. We too get around $4500-$5000 of a tax return. Our lawyer said they could amend our petition if it ever came up, but we have 7 days left and no requests
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From what I have read, the trustee only takes a % of the return, (like your case 10/12ths) they can not take EIC (earned income tax) and can not take child tax. So from my understanding if you remover the EIC and child tax, the trustee will take 10/12th of the balance...HOWEVER I could be wrong!!
I would try to see if you can get an extension, in order to seek a lawyer...what could it hurt.
let us know
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