Tax Refunds and discharge

[chinup]

Scared at this point. Almost 4.5 years in and realized I never sent in tax refunds. I never received a letter and it's been a struggle the entire time and we needed the money just to survive. Engine blew up in car, home repairs, etc... What are my options now? My attorney wants $250 every time I request something from them. Thanks

[mynameainttracy]

Not all trustees require that you send them in. Were you supposed to be submitting them?

[BNKRPTinNC]

Not all trustees require that you send them in. Were you supposed to be submitting them?

x2

I was never required to send mine in. One would think that if you were required to send copies you would have heard something this far along.

[sophieanne]

Check the documentation you received from your lawyer. It should say whether you had to send the returns in or not. Mine said I didn't.
I think you would've heard by now if you were supposed to and haven't. Your so close to the end..way to go

[LadyInTheRed]

Chinup says s/he hasn't sent in any refunds, not returns. The answer is pretty much the same anyway, but we should be clear about the difference.

Look at your confirmed plan. Does it say you must send refunds to the trustee? Were you required to to send copies of your tax returns to the trustee? If so, did you?

If you sent your returns to the trustee and he did not ask for the refunds, you will be fine. If you were required to send returns or refunds to the trustee and didn't, you should contact your attorney now to make sure there won't be a problem.

All of that said, I agree that iif the trustee didn't complain after 5 years, chances are everything is fine.

[Jen52]

The way mine was written is if I was paying in less then 100% then I would have been required to send in refunds. Since I was paying 100% i could keep my refund or any extra money like raises. I also verbally asked my Lawyer to make sure. Surely he won't charge you for asking a simple question.

[LadyInTheRed]

I would check the fee agreement to see if routine questions are included in the fee. I agree that he shouldn't charge for this type of question, but if he does, it is worth spending some money to make sure you get your discharge after all of this time.

[spidge]

My attorney has to go through the courts and gain approval for any fees. I get copies of all requests, and the denials or adjustments to what is reasonable.

My trustee takes on the responsibility to notify me annually of my responsibility to provide him with my tax files and refunds if applicable.

I would call your attorney, but the assistants in the office should know the answer without any need for the attorney to cast his opinion. Another way to go might be to call the trustee directly. I wonder if the attorney could be in hot water for charging you more without court approval.

[LadyInTheRed]

I wonder if the attorney could be in hot water for charging you more without court approval.

It depends on the local court's rules.