question about income tax refund

[jhwktchr]

okay, i've read some other threads, but i'm still confused. i filed for bankruptcy back in august. i had my meeting with the trustee on september 1st and i received my discharge papers in like october. i am now in the process of filing my income taxes and it looks like i will get around $2,000. my question is, since i've been discharged, will i need to give that money up? i've tried both calling and emailing my lawyer and have gotten no response. i'm assuming i'll have to tell them about it, but i'm hoping i don't have to give it up. it could definitely help me get back on my feet. any help from you guys would be appreciated. thanks!!!!

[bkadv]

At our 341 meeting we were ordered by the Trustee to send copies of our return to our attorney upon filing. Then I guess he determines how much he'll keep. You can check on Pacer in order to see if a document was filed by the Trustee stating he has an interest in your return. Just my input....I'll leave the technics of this to the pros!

[jhwktchr]

another question

how do i get onto pacer and check it out? i went on there and got totally confused!

[bkadv]

I believe it's under reports, then docket report (enter your case number.)
First you'll need a login id, and password.

[bankruptjess]

In my situation, my lawyer says my case is closed and my refund is mine. But even if you are in the clear and get to keep your refund expect a delay. I talked to the IRS this AM and was told papers have to get sent back and forth from the bankruptcy court to the IRS and then as long as the trustee isn't taking my $$ I am looking at having my refund in 3weeks. So that will be a total of over 4 weeks before I can expect my return.

Just letting you know not to expect it in 8-15days like HRblock told me. I was ticked when I didn't see that direct deposit in my accout!

[nicolemarang]

Question?

Can anyone clarify this for me too?? Your case is Discharged by the Court?? Then it goes back to the trustee?? So if your case is discharged whose job is it to close the case??? So once it is discharged then you check pacer to see if the trustee is wanting anything else from you or just wait to see if you get anything from anyone in the mail?? I'm WAITING to file my tax return untill I hear further from the court/or trustee or someone.

[LostinMi]

I didn't have a problem with my taxes. Already filed & received refund. Trustee never mentioned it.... I did ask lawyer (before we filed bk) and she said not to worry at all about taxes - I guess Trustees in our area don't care about them (or maybe we could have exempted it).

[nicolemarang]

Where do you live (Lost)??

[FilingOnMyOwn]

okay, i've read some other threads, but i'm still confused. i filed for bankruptcy back in august. i had my meeting with the trustee on september 1st and i received my discharge papers in like october. i am now in the process of filing my income taxes and it looks like i will get around $2,000. my question is, since i've been discharged, will i need to give that money up? i've tried both calling and emailing my lawyer and have gotten no response. i'm assuming i'll have to tell them about it, but i'm hoping i don't have to give it up. it could definitely help me get back on my feet. any help from you guys would be appreciated. thanks!!!!

Unless the trustee previously told you that he wanted it, then its yours. If he was going to take it he would have told you so.

[tressa]

Just letting you know not to expect it in 8-15days like HRblock told me. I was ticked when I didn't see that direct deposit in my accout![/QUOTE]

I just have to make a remark regarding this. I work for H&R Block and its not our fault the IRS held up your return. You have no right to be mad at them. We dont guarantee any dates.

But as far as turning over your refund, I know we didn't have. And we did get our refund in 8 days like hrblock said we would!

[FearTheVisor]

Ch. 7 Case Closed on 2/11/2006 Refund ?

Ok, I am going to get on the tax refund wagon. Our case was closed 02/11/2006 according to PACER. We are going to filing our 2005 Income Tax Return within the next week. Now, at our 341 the trustee asked if we expected a tax refund. We answered "no", because we did not know we were going to get one. Now that we have all of our W2's, 1099's, etc., we see we will be getting about $1200 from Fed and about $500+ from State (WI). We have not received any letters or notification from trustee or our atty about wanting 2005 tax returns or refund checks. Since our case is "closed" are we ok? Do we need to let our atty know we seem to be getting a refund? Here's the other kicker. We still owe $952 for Real Estate Taxes on our home, which is due July 31st. I have heard taxes due are "secured creditor" so they have to be paid first. We planned on using our refund to pay for our second installment of taxes. Does this sound right, as long as we have proof that we paid taxes with the money? Thanks.

[StaciMM]

I filed thru TurboTax, paid the filing fee w/ debit card, and selected direct deposit. My confirmation said I'd have the refund by 2-17, and it posted to my account on 2-16. (Not an issue w/ the BK, refund was nothing major and had wild card to exempt it.)

[StaciMM]

Since you told the trustee 'no', I'd suggest checking with your attorney before spending the refund would be best!

Ok, I am going to get on the tax refund wagon. Our case was closed 02/11/2006 according to PACER. We are going to filing our 2005 Income Tax Return within the next week. Now, at our 341 the trustee asked if we expected a tax refund. We answered "no", because we did not know we were going to get one. Now that we have all of our W2's, 1099's, etc., we see we will be getting about $1200 from Fed and about $500+ from State (WI). We have not received any letters or notification from trustee or our atty about wanting 2005 tax returns or refund checks. Since our case is "closed" are we ok? Do we need to let our atty know we seem to be getting a refund? Here's the other kicker. We still owe $952 for Real Estate Taxes on our home, which is due July 31st. I have heard taxes due are "secured creditor" so they have to be paid first. We planned on using our refund to pay for our second installment of taxes. Does this sound right, as long as we have proof that we paid taxes with the money? Thanks.

[bankruptjess]

Just letting you know not to expect it in 8-15days like HRblock told me. I was ticked when I didn't see that direct deposit in my accout!

I just have to make a remark regarding this. I work for H&R Block and its not our fault the IRS held up your return. You have no right to be mad at them. We dont guarantee any dates.

But as far as turning over your refund, I know we didn't have. And we did get our refund in 8 days like hrblock said we would![/QUOTE]

WHOA! I wasn't even ticked at H&R block ... the whole reason for my post was to make sure someone else wouldn't get all excited and expect a fat deposit in the bank with in 8-15 days ... if I had an issue with H&R block I would for sure take my happy behind down to the office and taken it up with the girl that did my taxes ... I know H&R block can't gaurantee any dates ... I did not know at the time on filing my taxes that bankruptcy can set your return date back a few weeks and was just passing that information along!

[FilingOnMyOwn]

Ok, I am going to get on the tax refund wagon. Our case was closed 02/11/2006 according to PACER. We are going to filing our 2005 Income Tax Return within the next week. Now, at our 341 the trustee asked if we expected a tax refund. We answered "no", because we did not know we were going to get one. Now that we have all of our W2's, 1099's, etc., we see we will be getting about $1200 from Fed and about $500+ from State (WI). We have not received any letters or notification from trustee or our atty about wanting 2005 tax returns or refund checks. Since our case is "closed" are we ok? Do we need to let our atty know we seem to be getting a refund? Here's the other kicker. We still owe $952 for Real Estate Taxes on our home, which is due July 31st. I have heard taxes due are "secured creditor" so they have to be paid first. We planned on using our refund to pay for our second installment of taxes. Does this sound right, as long as we have proof that we paid taxes with the money? Thanks.

Your case is closed! The questions asked at the 341 are as of that point in time, and you answered them honestly. You're done.