2005 Income Tax Return

[ODDBALL]

Okay. Now I have a serious question. My case has been discharged (10/24/05) and closed (11/3/05). Will the trustee ask for my tax return? It was never mentioned at the the 341 hearing, so I'm clueless. I called my attorney's office the other day, and one of the law clerks told me that I will still need to send the trustee my return REGARDLESS. She stated that my return is still part of the bk estate, and that the trustee will make the determination as to whether to keep it or not (after I send it to him). What should I do? I have no idea at this point. I've been reading posts on this forum, and was under the impression that if the tax return was not mentioned at the 341, then I should be safe. Before when I called my attorney's office, a different clerk told me that I should have signed something from the trustee regarding the return. I never received anything to sign, so now what??? Do these people at my attorneys office really know what they are talking about? I'm beginning to doubt it. Should I call the trustee and ask him (volunteering to give him my tiny return when I file), or just wait it out. Any help will be greatly appreciated.

[Minnymouth]

Normally the Trustee will ask you about your tax return at the 341 meeting. He wants to know how much you usually get back.
Then he decides whether he wants you to send it too him or not. Normally you would sign a statement at the 341 meeting that you understand you are to forward too him as soon as you receive it.

If the Trustee did not TELL you to send him your tax return, nor did you sign a statement saying you would send it too him uncashed.... then more than likely the Trustee is not interested in you tax return....

You are not obligated to send your tax refund to the Trustee UNLESS he has told you too, or you have signed papers saying that you will.....

Don't think I would contact the Trustee - it just might give him the idea he "might" want it....

[Teri]

if the trustee wanted your return they would have stipulated that at the 341 - you would have signed a form and then they would have sent you the signed form after the judge approved it - I know this because it happened to me. You don't have anything to worry about - you are done, finished--the end

[StaciMM]

If the trustee were expecting your return, then your case would not have closed.

[pink_amulet]

We are past our 60 days , just waiting for the official "word". I had called my lawyer yesterday for something, and I asked if they heard anything about our case, they said no news is good news. The court is running 2 weks behind here in Illinois.
I asked about our 2005 refund, and they said the trustee didn't ask for it so he may never ask for it. I said well we aren't discharged yet He said the 60 days are over and the trustee would have requested it by now. They said not to worry. If he does ask the chances are very very very slim.

pink_amulet

[ODDBALL]

Thank you all for responding. That relieves the stress from my mind. I thought I was in the clear, but that clerk put doubt in my mind. I tried to explain to her that the case was closed, but I guess she didn't listen. I know that the trustee can reopen within a year if they need to, but in my case, I really don't see why they would. I don't know if I would have had the guts to call the trustee anyhow. I wouldn't want to 'voluntarily' give him my refund. Thanks again to all that responded. Now, to call the attorney's office again and reinform the clerk who misled me. Have a great day!!!

[AMISLANDER]

I was asked to send a copy...

of my tax return at my 341 in November.

This is my first tax return in probably 16 years. Based upon my coworker's pay which is about the same as mine...I expect something in the six hundred dollar range...

Question: Will my trustee take all of it? I have no problem with the exchange of debt vs. the tax return amount but am also curious on this issue.

My brake light is now coming on in the morning when it's cold here in FL and I need new tires...guess I'll just let the list keep growing in regards to the upcoming appraisal on the 4Runner. Maybe they won't want it after all the little things that are adding up fast?

[StaciMM]

At most, the trustee can take a % for the part of the year up to your file date. So, if you filed 9/30, 75% of the year had passed and 75% can be taken.

[edwards2]

The trustee asked about our tax refund at the 341. She wanted to know when we got it and how much it was...and that was it. I agree with everyone else if the trustee wanted it she would have said something at the 341. Answers like you got from your attorney's office is like calling IRS...you can call 20 times about the same thing and get 20 different answers. In your case it is they didnt ask and you dont need to tell...good luck..

[AAAArt]

My brake light is now coming on in the morning when it's cold here in FL and I need new tires...guess I'll just let the list keep growing in regards to the upcoming appraisal on the 4Runner. Maybe they won't want it after all the little things that are adding up fast?

Be careful of those brake replacements. I was just on another site where they were talking about the new Mercedes SLR. It has ceramic brake pads that need replaced at 11,000 miles. Cost...$60,000 (MSRP on the car is $454,000).
I wonder if a trustee would see that as a legitimate expense? Can you imagine trying to get a reaffirmation agreement through on a half million dollar car?
Art (Just dreaming, but does anyone know where I can get a credit card with a half million dollar limit before discharge???)