I filed Chapter 7 last week and realized I have an income tax refund check that hasn't been cashed. The check was received in August. Does the Trustee verify this check was cashed with the IRS? need advice!
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need advice - refund check
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I don't know if the Trustee 'actually' verifies if the check was actually cashed or not, but if the money was not spent before you filed for bankruptcy, then technically that money should go to the trustee to pay off some of your creditors. If you recall, you can only have a certain amount of money in your possession (checking acount included) on the day you file. Whether or not you disclose this to the Trustee is up to you. I do not know whether or not it will be verified. Maybe someone else will know for sure!!!
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Also, take a good look at the check.
As I recall, most government checks are time sensitive with respect to cashing.
I seem to remember seeing "Not valid after XXX days" or something to that effect.
It's been a while though. Recent tax years I have ended up paying rather than getting a refund.
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More than likely the Trustee will ask about your tax refunds (this year and next year) at the 341 meeting and if you have gotten them yet....
Best be honest and upfront with him....
Also tell your attorney as you might be able to use a "wild card" on you petition to protect it...
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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