Filing Taxes With a CH. 7

[red_rider]

It is that time of year and I haven't a freakin clue what is going to happen...

I am ready to file for my taxes for 2005 and I am in the middle of my BK. I have already had my 341 on 11/22/05 and my understanding is that I have to wait 60 days before it is discharged. My question is: During that time if I file my taxes and get a return will the trustee take it? Can I wait to file until after my discharge or does it matter? My attorney has been unreachable this week to ask so I throw the question to you people. What will happen? What should I do?

[bkfiler]

the trustee can take the taxes. if he didnt say anything yet then maybe hes not interested in it. they are all different.

file when you want and do what you want until you hear different from your attorney or trustee. keep receipts of all the needed things you spent the money on just in case you are asked for it back. makes it harder to get it back.

for example "i spent it on lap dances cuz i new you might want it back" wont fly.

but "i had to buy new breaks, pay insurance and needed clothes' then maybe he wont be a bastard and make you pay him.

[pink_amulet]

If I were you, and you know you get a refund, I would wait until you are discharged, and closed!!!
Usually the trustee will say something, or have you sign something about your tax refund, at your 341. That's where is mainly pops up!
Since you are past that....maybe it's in your favor.
At our 341 the trustee did not ask about ours, we have been discharged and closed our case today, with out the trustee asking for ours. My lawyer said not to worry.

MAKE NOTE: The trustee can...pop his nosy head around for up to a year after the closing , but the chances for him doing so are slim to none.

So, I would wait it out, and get your refund after, then you don't draw attention. My opinion.

pink

[red_rider]

Thanks Pink,

I was sorta planning on waiting and I think now I will do just that.

[bkfiler]

remember that if you wait and he wants it then he gets it for sure. if you spend it showing receipts of things you needed to buy then its harder to get.

[sunshine08]

Red Rider - the above posts are the best ideas. Wait until discharge, if you can't or when your get it, keep receipts and spend the money wisely.

(oh yeah, on your avatar are you praying or won't they let you in the bathroom??? - just joking...)

[AMISLANDER]

So if my greedy FL trustee said at the 341...

...that he wants to see my refund...and I spend it on new tires (all maybe $450 of it), do you think he'll get ticked off that I made it harder for him to get?

[Minnymouth]

Amislander,

If your Trustee TOLD YOU at the 341 meeting he wanted to see your refund, that's what he wants. Its his way of telling you - send it to me - don't cash it - I will decide whether you get it or not.

If nothing was mentioned at the 341 then he's probably not going to bother it.

[AMISLANDER]

probably needs my refund to pay his drug dealer...LOL!

[bkfiler]

...that he wants to see my refund...and I spend it on new tires (all maybe $450 of it), do you think he'll get ticked off that I made it harder for him to get?

you mean to tell me he mentioned that he wants it but you spent it?


HAHAHAHHAHAHAHA! most people keep asking us if the trustee wants it. but you are asking us if he said he wants it, and then you spend it, does he still really want it!

HAHAHAHAHA! hehe that is too funny. love it!

keep us posted on the results