341 meeting and Tax Refund

[BrokeJoke22]

Happy Veteran's Day everyone. Let's remember all those who have sacrificed and fought for our country over the years.

I have a question about the trustee wanting your tax refund. My 341 meeting was easy and kinda strange because after asking me a few standard questions he asked me more about how I filled out the forms, where did I get them, and who assisted me. I remember him saying afterward that he was just wondering because there is so much fraud he just wanted to know if I actually did it without any help from "fraudulent sources". I get the feeling that he either hasn't had a pro-se filer since BK reform in 2005 or they are very few and far between. After reading a lot of the post about 341 meetings I realized that he never once asked or even mentioned my tax refund. I was able to exempt most of my expected refund since in Oklahoma earned income credit is exempt. EIC is what makes up the biggest part of my refunds each year.

If a trustee doesn't mention the tax refund at the 341 meeting does that mean he doesn't want it or do I need to look out for a letter or call from him when I get my tax refund next year?

[tobee43]

well, sometimes it does happen at the actual 341 but not necessarily. you will be notified usally after...and sometimes the trustee may think your refund is worth it and at times not.

you will in fact, be notified and your case will not be closed IF the trustee chooses to want your tax refund. the trustee will keep your case open until that time...actually you can still receive the "discharge"....but will not get your order of no asset distribution until that amount is settled with the trustee...then the order will be issued and you will be good to go!

[BrokeJoke22]

Thanks tobee43.
I just wanted to make sure that when I do get my refund next year I didn't spend it or something and get in trouble with the trustee. I think this time I'll have it sent by check instead of to the bank that way if he wants it all I have to do is send him the check. At this point I don't care if he wants it our not just as long as he can get me out of this mess, LOL!

[tobee43]

Thanks tobee43.
I just wanted to make sure that when I do get my refund next year I didn't spend it or something and get in trouble with the trustee. I think this time I'll have it sent by check instead of to the bank that way if he wants it all I have to do is send him the check. At this point I don't care if he wants it our not just as long as he can get me out of this mess, LOL!

oh no...brokejoke..you'll be informed way before you get it that the trustee would like a piece of that pie!! LOL!! they are "quick" as to letting you know...this is THEIRS!!!

hopefully you will ride on through this without them even thinking about taking your refund...i HOPE!!

[Dougie011]

I live in Oklahoma also. My 341 meeting was in the western district so it may be different. The trustee told everyone that when we filed, we needed to call his office and he would let us know we needed to turn it over or what portion we could keep if all. Different districts might do things.......well different.

[tobee43]

I live in Oklahoma also. My 341 meeting was in the western district so it may be different. The trustee told everyone that when we filed, we needed to call his office and he would let us know we needed to turn it over or what portion we could keep if all. Different districts might do things.......well different.

it most likely depends on a few things...your exact filing date...some of you may remember the post from one of our mods hhm...

http://www.bkforum.com/showthread.php?62847-Reminder-October-is-When-Trustees-Look-for-Tax-Refunds

you are most likely to have to turn over that refund if you filed in october...but, i'm sure it will also depend on whether it's worth the trustee's while...so it's not so much the district as much as it's the timing of one's filing, that may lead the trustee to look more carefully at the refund.

[BrokeJoke22]

I just received my notice of no distribution on pacer. This is how it reads:

Chapter 7 Trustee's Report of No Distribution: I, xxxxxxxx, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. The 341 meeting was concluded. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: (without deducting any secured claims) $ xxxxxxx, Assets Exempt: Not Available, Claims Scheduled: $ xxxxxxx, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: (without deducting the value of collateral or debts excepted from discharge) $ xxxxxxx.

Does this mean he also abandoned my tax refund? The Assets Abandoned was the total amount of my assets including my tax refund.

[tobee43]

I just received my notice of no distribution on pacer. This is how it reads:

Chapter 7 Trustee's Report of No Distribution: I, xxxxxxxx, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. The 341 meeting was concluded. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: (without deducting any secured claims) $ xxxxxxx, Assets Exempt: Not Available, Claims Scheduled: $ xxxxxxx, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: (without deducting the value of collateral or debts excepted from discharge) $ xxxxxxx.

Does this mean he also abandoned my tax refund? The Assets Abandoned was the total amount of my assets including my tax refund.

YES It does!!!!!!!!

[tyson24]

SO excited for you! I really wish I could get my report of no dist. on pacer. I guess in my district it takes a week or so to show up. Ugh...I hate waiting!

Really happy for you!! Celebration time!

[BrokeJoke22]

Thank You!! I feel like dancing. Okay, I did break out into a little jig before posting this. Hang in there tyson when you get your no distribution notice I'll come on here and celebrate with you.

[clarkt099]

Very Nervous about this whole process I have my 341 meeting on 11/24/10 anyone have any pointers?

[Aggie1138]

I just received my notice of no distribution on pacer. This is how it reads:

Chapter 7 Trustee's Report of No Distribution: I, xxxxxxxx, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. The 341 meeting was concluded. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned: (without deducting any secured claims) $ xxxxxxx, Assets Exempt: Not Available, Claims Scheduled: $ xxxxxxx, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment: (without deducting the value of collateral or debts excepted from discharge) $ xxxxxxx.

Does this mean he also abandoned my tax refund? The Assets Abandoned was the total amount of my assets including my tax refund.

Congratulations!


We had our 341 on the 18th and I received the same notice through pacer yesterday...but our trustee sent us a packet with a bunch of stuff he needed before the meeting including a paper stating that he can take our refund.

If our case is discharged AND closed then I can assume they did not want the refund. If it gets discharged BUT stays open then I can assume they WILL get our refund.

Now we wait...all is worth it just for the discharge.

-Aggie

[clarkt099]

whats a pacer?

[free2breathe]

PACER is the courts electronic record site. You can use it to follow your bankruptcy online. Check this link for more info:

http://www.bkforum.com/showthread.ph...Guide-amp-Tips