Paying the trustee

[memama]

I'm sure most of y'all know, the hubby and I filed in the middle of April and are due to get our discharge at the end of this month.

Right after we filed, we got a letter from the trustee saying that we owed him our tax refund (close to $6k) as well as the amount that was in our bank accounts the day we filed. I had notified the trustee's office that the tax refund money was looooong gone and the trustee's secretary said we should be "good to go".

Will we be getting an update letting us know how much we owe them? Our attorney said the trustee would probably make a grab for the money and is NO help to us, but the trustee's office secretary stated that we shouldn't need to pay it because they are concerned about assets we have as of the date of filing *or* money we're expecting to get, so all we had to prove was that we no longer had the money, which we did.

Since our attorney has been little to no help with this, I'm wondering if I should dig out the letter from the trustee and call and ask. If we do indeed owe him our entire tax refund, then we need to come up with some sort of plan to come up with that amount of money! I'd like to be prepared so we don't somehow screw up getting our discharge.

[despritfreya]

When you say the money is "long gone", do you mean long gone before you filed bk? If so then it is not an issue. If you receive the refunds after filing and then spent them. . . big issue.

Assuming you spent the refunds before filing and the $$ in the bank on the filing date was either too little to care about or subject to an exemption, I would not rock the boat. If you received the refunds after filing you need to sit down with your attny to come up with a plan to pay the bk estate anything that you cannot claim as exempt.

Your discharge will be entered in the ordinary course once you are beyond 60 days from the 341 meeting, no objections or extension requests have been filed and you have filed the Debtor Education course certificate.


Des.

[memama]

Yes, we received our refund in the middle of February and filed bk on April 17th. I'm just not sure how much money we need to send him, if anything.

[despritfreya]

If you received and spent the refund $$ before you filed it is not an issue. The only issue appears to be what you had sitting in the bank on the day you filed. How much are we talking about?

Des.

[memama]

I believe around $450 or so is what we had when we filed. Our attorney said it was probably going to be an all or nothing deal, so he'd either take it all or take none, but since we haven't heard anything I of course begin to worry!