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Say it ain't so! Trustee wants my 2008 taxes and my case is long closed!

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    #1

    Say it ain't so! Trustee wants my 2008 taxes and my case is long closed!

    Just got a letter from the trustee that she wants a copy of my 08 tax return. I haven't filed yet but I didn't adjust my withholdings at all for 2008 b/c I thought this year's refund was safe. Big mistake!

    Can this happen? I searched the forum and saw that someone talked to their atty and they said it was safe but I'm not so sure. I put a call in to my atty but haven't heard back yet.

    Also - a little background. I filed alone. My husband stays home and I work. We have 3 kids we can claim. Is there any way to manipulate the taxes so that he can get some of the refund.

    ETA: The letter from the trustee says, "in 2008 you filed for bankruptcy in the middle district of FL". Well, that is NOT true. I did not FILE in 2008. I filed in 2007. Let's hope this is just a clerical error that I got this letter.
    Last edited by DivorceRuinedMe; 01-22-2009, 03:36 PM.
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!
    Tags: None
    #2
    Well, I hope it is an error. Could be that very aggressive Trustee in the middle district farming some BK list for extra $$$.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009
    I am not an attorney. None of my advice is legal advice in any way..

    Comment

      #3
      Sounds like a clerical error to me. I was under the impression that a trustee is only entitled to any tax refund earned PRE-petition, in the year that you filed. Lets us know what your lawyer says.
      Filed Ch 7 - 07/10/08
      341 Meeting - 08/13/08
      DISCHARGED! - 10/15/08
      CLOSED - 10/20/08

      Comment

        #4
        That makes no sense, according to your Sig, you filed in Nov. 2007, the trustee has absolutely no claim on your 08 tax refund.

        I think it is a mistake.

        Comment

          #5
          I know this doesn't answer your question..but they took your engagement ring?! I thought wedding/engagement rings are exempt? Hope I can keep mine.

          Comment

            #6
            Originally posted by HHM View Post
            That makes no sense, according to your Sig, you filed in Nov. 2007, the trustee has absolutely no claim on your 08 tax refund.

            I think it is a mistake.
            OH HHM!! I'm so glad that you saw this. I was hoping you, bassboy, minnie or lrprn would see this and respond tonight. I thought it was not right either but you know - you get all depressed wondering if it could be. We had our return all planned out as to how we were going to spend it and it just put a big fat kibosh on the whole thing. And and and...I got a letter today from my mortgage company telling me I had an escrow shortage and that my payment will be increasing $175 a month! OUCH! I KNOW that's not a mistake. But both letters coming on the same day - it was a little much and I wasn't thinking straight.
            11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

            Comment

              #7
              Originally posted by 2muchinDebt View Post
              I know this doesn't answer your question..but they took your engagement ring?! I thought wedding/engagement rings are exempt? Hope I can keep mine.
              I'm from the great ole state of FL where the land of federal exemptions does NOT apply. I got a whole 1k I could exempt and thankfully, it was too much trouble for the trustee to sell it and make enough money to distribute so she let me keep it. She didn't have to, but she did.

              If you have enough exemptions, then you should be okay. Just protect it. Don't hide it either. I didn't wear it to the 341 and she was all over that. I don't actually wear it all the time b/c of the line of work that I'm in but she didn't care about that - she thought I was trying to hide something.
              11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

              Comment

                #8
                You'll need to look into this for sure. I'd contact the trustee office and mention that you filed in Nov 2007 not in 2008 and see if they still need the information.
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

                Comment

                  #9
                  UPDATE!!

                  It was an error!!!

                  Apparently the trustee's office has someone new working there and she sent out all these letters incorrectly. The secretary that answered the phone sounded so exasperated with this new employee. She said to tear the letter up and ignore it.

                  Of course I won't do that - I'm going to document the conversation and file it away.

                  What angers me the most is that I called my attorney's office and she is on vacation. I asked to speak to one of the paralegals and she told me that I needed to do whatever the trustee wanted. I was like - are you sure? I just don't think this is right. Have you ever heard of this before? And she reiterated to me that I needed to do whatever the trustee wanted and that they are and I quote - "GODS that can do whatever they want". I told the paralegal that I didn't think she was right and that I still want the attorney to call me. Then I called the trustee's office directly after that and thank goodness I did.

                  UGH - can you believe the ineptitude of the paralegal! Thank G-d I have a brain and know better. What about the poor person that listens to the atty's office point blank and never questions anything.
                  11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

                  Comment

                    #10
                    Good News
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

                    Comment

                      #11
                      That's great to hear! And very smart of you to document the conversation

                      That is what I love about this forum. It educates people so that they don't just take what their attorney's say as gospel.
                      Filed Ch 7 - 07/10/08
                      341 Meeting - 08/13/08
                      DISCHARGED! - 10/15/08
                      CLOSED - 10/20/08

                      Comment

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