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IRS Question regarding speed of envelope filing

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    #1

    IRS Question regarding speed of envelope filing

    I couln't really get the title right but here goes....I sent a copy of my refund check to the IRS (owe less than or equal to $7K/2004)...and I asked them to file tax liability for the year 2004

    Being that I received a refund for 2005 of $2,900, hoping to get refund applied to debt.

    But bk trustee has requested my refund....so question is...: How long should I wait before sending the trustee my refund while hoping that the IRS is fast & sends out tax liability request before trustee can cash check or what do i do now?

    Confused or what? Me too.
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go
    Tags: None
    #2
    This time of year, refunds are probably processed more quickly. I think if you go to irs.gov you can check the status of your refund.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

    Comment

      #3
      Even if the refund check is given to the Trustee, he still has to pay it back to the IRS when they submit a tax liability - they have a priority creditor status - so they will get paid before anyone does................

      Check on the irs website and locate a phone number where you can call about this and get faster answers......

      Hold onto that check for a few days and do some checkig first before you send it on to the Trustee....

      Minny
      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

        #4
        I put my refund and applied it straight to my tax liability. The lawyer said during the consult that they're not going to fight to get any money back from Uncle Sam.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment

          #5
          Just wondering if I should wait like another month to send trustee refund...?

          Originally posted by Minnymouth
          Even if the refund check is given to the Trustee, he still has to pay it back to the IRS when they submit a tax liability - they have a priority creditor status - so they will get paid before anyone does................

          Check on the irs website and locate a phone number where you can call about this and get faster answers......

          Hold onto that check for a few days and do some checkig first before you send it on to the Trustee....

          Minny

          I received the check in the middle of May...I sent out the letter & copyof the check to IRS last Wedn or so....I did call IRS, but they couldn't really do anything until I sent them the letter owning up to some of the debt but not all of it...so they claim I owenothing yet until they figure it out...but I want them to file something because I do owe something and I just didn't know how fast it would take them to get the letter & file the paperwork that my debt is "for real" so that the refund could get applied before the trustee does whatever he does with the check? Does that make sense?


          The closing of the bk is resting on the refund but if the IRS is going to be able to seize it...now what will the trustee do to close my case?
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            Once the irs seizes the check, then the Trustee will have to close your case as is....... no refund check...... He can't take from a priority creditor and give to a secured creditor.......

            I would hold it at least a month, yeah, stuff does get lost in the mail, doesn't it???? That's why they call is "snail mail"..............

            Minny
            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

              #7
              Just waiting...

              Originally posted by Minnymouth
              Once the irs seizes the check, then the Trustee will have to close your case as is....... no refund check...... He can't take from a priority creditor and give to a secured creditor.......

              I would hold it at least a month, yeah, stuff does get lost in the mail, doesn't it???? That's why they call is "snail mail"..............

              Minny

              So maybe I should wait till I hear from the IRS before sending the trustee the check?
              Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
              Who it was we were below, where we've been and where we go

              Comment

                #8
                Yeah, I'd wait and if the Trustee calls or inquires about the check just say.... "just got it in the mail and fixing to mail it to you...".. lol.....
                Hopefully you will hear something from the IRS.....

                Keep me posted,
                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

                  #9
                  Originally posted by Minnymouth
                  Yeah, I'd wait and if the Trustee calls or inquires about the check just say.... "just got it in the mail and fixing to mail it to you...".. lol.....
                  Hopefully you will hear something from the IRS.....

                  Keep me posted,

                  Sounds good...as I do believe all the liability claims were supposed to be in before I was discharged...but the IRS is different...oh the stress....

                  now I never have heard anything back on the 4Runner...HS (hurricane season) has started & I can see too much of Lincoln's head on my back tires...I guess I'll have to check new vs. used on the tire deal...with new air sensor seems to have solved my declining mpg problem as well as the SUV actually starts w/o coughing....always something...
                  Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                  Who it was we were below, where we've been and where we go

                  Comment

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