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Please verify this is the case...taxes

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    Please verify this is the case...taxes

    Well I filed my taxes yesterday and found out I will be getting a refund of about $3500. I haven't had any communication with my trustee since my 341 meeting, so no one mentioned me having to give this to him. BUT I did have to amend my taxes before filing due to the fact I had to change my filing status which in turn made me OWE taxes to payback the overages for 3 years. All of which were included in the proof of claims sent in by the IRS. The trustee increased my payment at the 341 because he said that even though I adjusted my filing status, I would have rec'd a refund anyway. Did he do that to allow me to keep my refund?

    I've talked to my IRS Bankruptcy Specialist (she's who sent in the proof of claims) and she said that I should get my refund. All that was back owed to IRS was included...

    I've also talked to state bankruptcy department of revenue and they said the same thing.

    I guess I'm just so nervous that I won't get my refund...any insight or experiences from you guys?

    #2
    my trustee lets me keep my refunds. some don't. if yours doesn't, i'm sure he would have told you sometime, and it'd be in your paperwork. (actually mine said I could keep any under $6500, and lawyer told me the same thing). since your state BK department said you could keep it, the trustee upped what you had to pay at 341 because he thought your withholdings were too high and you would be getting a refund, and he and your lawyer never said you had to give them to the trustee, I think it's a pretty safe bet you can keep yours. if you are still worried, call your lawyer, but I'm pretty sure your state BK dept knows what it's talking about.
    Filed CH 13 September 17, 2007
    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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