I am thoroughly confused...My husband and I just filed our 2005 taxes. We owe no back taxes.Do we really need to give our refund check to the Trustee? They can't repay any of our debts with $1400. It cost me 1400 to file BK! Any info will be appreciated.
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Have you already filed BK, or getting ready to file??
If you already filed you'll probably have to hand over the refund.
If you haven't retained an attny or filed yet, then the refund check is not part of the BK estate. There's a kind of gray area in there if you've retained the attny, but not paid the attny's fee in full.
We got a letter in one attny's packet that said refunds belonged to the Trustee. But that was if we filed BK and then got the refund. Same could apply if you paid a retainer fee to the attny, but haven't yet paid the remainder of the fee.
If you haven't given an attny a penny in money, and you haven't filed BK yet, the refund should be yours to use to pay your attny's fee.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
It also depends on where you are located, some trustees want the tax returns, some don't go after them. I filed in Oct, the trustee never even mentioned tax returns.
When I asked my attorney, he gave me a funny look. He said he thought it would be mine because I would probably be filing after the discharge. He really didn't know.Filed BK7 10/03/05
341 Meeting 01/04/06
Discharge 03/07/06
Closed 03/13/06
myfico.com EQ FICO 634-->03/13/06
TL's
HSBC $300, applied for and recieved back in Oct, during the BK
MBNA $25000, survived the BK but they won't let me access it due to lates and other negatives on the CR's
Roadloans.com up to $25000 @ 15.99%, time for a newer car
Hooter's $5000 ...3/24/2006Comment
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Oddly, after depos and all the Trustee didn't bother with my return. I guess he checked online and figured not worth the hassle."You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers
Join the Mobile Infantry and save the world. Service guarantees citizenship.Comment
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Yeah, I expected the Trustee to go after mine for the last 2 years since my case is still open, but he hasn't...... Guess maybe he's figured he's "bleed" me enough.......??Minny
"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.Comment
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