Do you think the trustee wants my tax return?

[lookingforward]

There was no mention of our tax return at the 341. Does that mean the trustee doesn't want it? Our tax return was 115.00 last year, so maybe she wasn't interested in that amount, but I'm guessing it might be more (not that much more) this year. If she was going to take it, would she have specifically said so in the 341? She has already posted "Report of No Distribution" on Pacer, and my status is "Awaiting Discharge". Thanks.

[justbroke]

Your attorney may have exempted the tax return, especially since it was so low the prior year. With a Report of No Distribution that indicates, nearly always, that the Trustee found no "non-exempt" assets to administer on behalf of the creditors.

So, welcome to club sixty.

[joshuagraham]

The trustee will ABSOLUTELY want your tax returns.

[shipo]

The trustee will ABSOLUTELY want your tax returns.

Seriously? What makes you say that?

[lookingforward]

If she wants the tax return, at what point will I be told that she wants it? She didn't even mention it at the 341.

[justbroke]

The trustee will ABSOLUTELY want your tax returns.

This is too case, trustee and district specific. IN Chapter 7s, many debtor attorneys exempt the unknown (or a projected) tax refund using available exemptions. In that way, it never become an issue and keeps the case from becoming an asset case.

[lookingforward]

So far I've heard nothing from the trustee. We got a discharge on 2/22, waiting on closing. I did a pacer search and it looks like on average it takes around six months for this trustee's bk cases to close. We aren't even halfway there. We filed on 12/18. None of her other cases that filed March back through October have closed yet, and not even half of the September cases. I guess I'll wait until 4/15 and file our taxes, put the money aside, and wait to see what happens.

[justbroke]

If you filed with an attorney, then you can ask the attorney whether they "exempted" your anticipated tax refund. That, exempting the anticipated tax refund, is a common practice. It keeps the case from becoming an asset case.

You can also check to see if your case was marked as an asset case. If you checked PACER, you can see if you're an asset case easily by looking at the search result screen. At the top is your name(s), the file date, last update date, and the discharge date. It should also have something marked "Asset: Yes" or "Asset: No". If it's the former, then you are an asset case which means that the Trustee is waiting for something.

[lookingforward]

OK. I've been waiting for some contact with the trustee asking for our tax refund. Last year's was only 115.00, so I guess she had no interest in this year's. We were a No Asset case, but I still expected some contact asking for the refund. Our case finally closed 4/13. (Filed 11/18, discharged 2/22) I sent an email to my atty asking him about the refund and he said if we'd never heard from the trustee then we could keep it. I sent him an email back saying I was verifying that HE hadn't heard from the trustee either. I'm waiting for that answer but I'm sure he would have let me know had he received notification asking for it. My husband ended up not working the last quarter of the year so we got back 1500.00 this year, a nice surprise that we apparently get to keep, and really need.

[justbroke]

If your case closed on 4/13/2021, I don't see any reason for the Trustee to re-open the case, ask for your tax refund, and change it to an asset case.