Original message sent to trustee:
Hello, I had my 341 meeting with you yesterday and you requested a copy of my 2006 tax return. You also said that based on the date I thought I filed it would be non exempt property. After reviewing the actual date, I filed prior to filing for the bankruptcy, so I am hoping this is will help since I had spent the money catching up on past due utilities that are critical due to my 8 month old son being on a monitor for central apnea, and my 2 1/2 yr old is diabetic, and we cant be without these necessities.
I have attached a copy of my return and highlighted the IRS accept date, which was 1/13/07, and it was filed 1/12/07. Please let me know if there is anything else needed of me. Thanks again,
the reply:
Thank you for the information. Your tax return was filed on January 13, 2007, but you indicate that it was submitted on January 12, 2007.
The tax refund is property of the estate of the estate if it was not received before you filed your petition. The petition date is January 18, 2007. If it was received prior to that date, then any amount still in the bank (whether checks were written before that date or not) is property of the estate.
The amount of the refund is $3,914, and no portion of the refund is for Earned Income Credit. You have $155 in unused exemptions, which you may use to that extent to claim an exemption in the refund. The amount that must be turned over is $3,759.00. You may propose periodic monthly payments over a reasonable period of time.
Please advise how you wish to resolve this.
Ok, so do I stab myself in the neck now, or can I add the trustee as a creditor?? jk..
by the way, I did it pro se, and everyone else at the meeting who had an attorney were screwed up worse than I was, this was my only issue... anyway to get out of this?? I had 3 dependants and he says none of it was for earned income credit??
Hello, I had my 341 meeting with you yesterday and you requested a copy of my 2006 tax return. You also said that based on the date I thought I filed it would be non exempt property. After reviewing the actual date, I filed prior to filing for the bankruptcy, so I am hoping this is will help since I had spent the money catching up on past due utilities that are critical due to my 8 month old son being on a monitor for central apnea, and my 2 1/2 yr old is diabetic, and we cant be without these necessities.
I have attached a copy of my return and highlighted the IRS accept date, which was 1/13/07, and it was filed 1/12/07. Please let me know if there is anything else needed of me. Thanks again,
the reply:
Thank you for the information. Your tax return was filed on January 13, 2007, but you indicate that it was submitted on January 12, 2007.
The tax refund is property of the estate of the estate if it was not received before you filed your petition. The petition date is January 18, 2007. If it was received prior to that date, then any amount still in the bank (whether checks were written before that date or not) is property of the estate.
The amount of the refund is $3,914, and no portion of the refund is for Earned Income Credit. You have $155 in unused exemptions, which you may use to that extent to claim an exemption in the refund. The amount that must be turned over is $3,759.00. You may propose periodic monthly payments over a reasonable period of time.
Please advise how you wish to resolve this.
Ok, so do I stab myself in the neck now, or can I add the trustee as a creditor?? jk..
by the way, I did it pro se, and everyone else at the meeting who had an attorney were screwed up worse than I was, this was my only issue... anyway to get out of this?? I had 3 dependants and he says none of it was for earned income credit??
Comment