So I had my 341 meeting a couple of weeks ago and it did not go as planned. If you have already received your tax refund and spent it the only advice I can give you is to be prepared to answer what you spent it on. The minute you say you gave anyone part of that money and it wasn't a bill expect that they may tell you that you will have to surrender that amount. I made the mistake of doing this (I am filing Pro Se) and because of that I have now had to hire a lawyer to fix it. Please please please think about how to answer any of the questions before you go in and be prepared!!
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Are you now having to provide receipts on what you used your refund on ? What is hiring a lawyer going to do for you now ?
We had a large refund in excess of $10k and when TT asked about it I started to rattle off what we spent it on and after a few examples he stopped me and said no need to continue. He didn't ask for receipts but I told him everything we spent was shown on bank statements as debit card purchases. Tuition, Dental, Medical, Auto Repairs, Food, Clothing were just some of what we used it on.
Have heard the TT's do get a bit testy if people give a blank stare when asked. -
We were asked how much we received and once I stated that it was under $1,000 and we had to pay state, she was satisfied with that. She did not ask what we spent it on. We had received it two months prior to filing. Everyone else that we were able to listen to had received at least $2,500 and they were asked what they spent it on. I guess it depends on the trustee.Obtained an Attorney- 1st week of February 2010
Filed for Chapter 7 - End of March 2010
341 Done - Middle of May 2010
Discharged - July 14, 2010
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I don't have to provide any kind of receipts for anything thank goodness because I only have a couple. I hadn't planned on filing until next year but due to a legal matter had to file sooner. Most of it he was ok with but when I told him that I GAVE some of it to my daughter's father is when it turned sour. We have a 50/50 arrangement have never gone to court and don't use her as a pawn. So every year one of us claims her and we split it evenly. We have done it for 5 years. But my lawyer said that I used the wrong phrasing it when I said that I "gave" it to him. He said if I had worded it that we split the money for the support of our child it probably would have gone different. So my lawyer has the specifics of what it was spent on and is going to be drafting a letter and trying to exempt it. Hopefully it works.Comment
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From what my lawyer said everything you have listed is ok because they are things that you have paid for in order to live and they are all necessities.Originally posted by Meatstick View PostComment
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I agree because my was wonderful with everyone else and a complete jerk to me. The difference...they had lawyers I didn'tOriginally posted by norcal View PostComment
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Thanks for the reply. I hope your case turns out well for you.
Good luck !!Comment
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We received a 7k refund at the end of January and I fully expect to be drilled at my 341 MONDAY about where it went. It was basically spent on mostly living expenses, getting caught up on utilities, food, clothing, plus I spent about 1k of it on 2 purchases that I exempted. One was a trampoline for my daughters birthday and the other was handgun and a gun safety course. We have had a couple armed robberies on our neighborhood so I thought it was a good idea. We also took a trip to South Carolina to visit some family. The funny part is even if we had not spent any of the money I would have been able to exempt every penny of it using Virginia's wildcard exemption.-Filed Ch7 pro se 04/14/2010
-341 Meeting is 05/24/2010 (went uneventfully well)
-Report of No Distribution 6/4/2010
-Discharge 7/28/2010Comment
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I have our 341 on 5/25/10. Let us know how your 341 was asap if you can. Thank you in advance to GettingGoing, best of luck to you.Comment
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Our Trustee likewise asked what we had spent it on, tho' we didn't have nearly as big a return as most, $1,800.00. I told him we bought tires, paid up vehicle and mobile home insurance, bought glasses, etc. His response was just, 'ok, sounds like you put it to good use'. I had a list written out of what we had spent it on in case he asked as I was afraid I would be so nervous I wouldn't be able to think. I likewise had written down a list of what we had spent my small inheritance on last summer. I had two major surgeries, and even with health insurance that wiped out all funds.
If you are like me and get nervous, have it all written down in front of you. That was so helpful.Indiana
Filed March 9, 2010;
341- April 28, 2010;
Confirmed May 25, 2010;
$1,240 a month; 4 down & 56 to goComment
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