Had our 341 meeting this morning, went pretty quick and routine at the end she asked about our tax return of $7100 , I was unemployed for the last 3 months of 2012 and until may of 2013 we told her that it went toward household bills, kids clothing ,utilities and vehicle loan payment. (that ended up repoed anyway). my wife was only working part time due to her being in school full time. she said something to the lawyer about presumption of abuse for the tax return. we filed 07-26-13 and received the return around march of 2013. the lawyer said not to worry about it she was being way more picky than normal. he is sending a statement of how the money was spent. should we have any problems? thanks everyone for all the advice I have found on here
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341 hearing this morning
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She was just being picky. It appears that your attorney is on top of this. The problem is that the refund is considered "income" and may have bumped up your 6-month look-back and your disposable monthly income. However, presumptions of abuse can be overcome and routinely are overcome. If you are not working and were not at the time of filing, this is not going to be an issue at all.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Happy Birthday and we'll send you a bunch of hamsters on you discharge day. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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