waiting on discharge

[ensbax]

I have a question maybe someone can answer... after filing BK in FL, they said I owed my tax return of four thousand dollars which was already received and spent on a military move to Texas. Will my discharge date be held up until I am able to pay the amount back in full? I am currently being denied military security clearances until this is cleared up and I won't be able to pay the four thousand back for at least a year. Anyone know anything about this or the usual time frame from meeting of creditors to discharge date?

Thank you


Tim

[HHM]

Have you explained to the trustee what the refund was used for. If not, write a letter to the Trustee explaining the situation.

[ensbax]

I will try that. Is that something they usually take into consideration? We tried to call and ask them about it but they said they could not give us any legal information. Also, we do not have an attorney as we could not afford one and could not find any information about them seizing our return, so that came completely unexpected. Will the repayment of this delay the discharge date?

[HHM]

It could not only delay discharge, but it could result in the dismissal of your case, or the receiving of a "non-discharge".

Did you move before or after you filed BK?

[ensbax]

We filed beginning of Feb, received the return end of Jan, received orders to move Jan 21, actually moved Feb 11 (after filing) but spent the return the lastweek of January on deposit, rent and trip out to Texas for unpaid househunting leave (Family of 5, hotel, food, gas, etc). Will they normally take things like this into consideration? My wife called the trustees office today and they said $230/month for 18 months (which I cant pay either), so I am wondering if they will delay the discharge till they get paid.

[ensbax]

And I really appreciate your input. Thank you.