Discharged - but atty wants 2007 tax returns to turn in to Trustee?

[ilovemycaitybug]

Usually when the trustee is interested in your return, they will leave your case discharged but not closed. Since your case closed, your trustee may have decided it wasn't worth the effort to get his/her portion of your refund. Check with your lawyer....you are probably in the clear.

Thanks, lrprn, I am hoping that is true. He called it a "no-asset case" the day of our 341. Took a bit to close, but there was an issue with our paperwork having to do with reaffirmation of an auto loan that had to be resolved before closing. I was concerned since it took a bit to close, but since it's closed now I thought it was finished.

I'll just call our 07 Return "gone" and if we keep it then that's cool!

[lrprn]

I'll just call our 07 Return "gone" and if we keep it then that's cool!

You've got time to adjust your withholdings to be sure your tax refund is low next year for 2007 just in case. This way you'll have more money available now to save as well.

Here's the IRS booklet "How to Adjust My Tax Withholding" to help you do it - http://www.irs.gov/pub/irs-pdf/p919.pdf . It's easy!

[cathywhite4495]

I didn't know about this refund thing either! I thought that it only applied if you just had a refund or were just about to get one. My refund consists of EIC and child tax credits. Any idea if they would take that sort of refund too?
I suppose it's a small price to pay if you are getting rid of huge debt but it still stinks. I was planning on using mine for my oldest son's braces. He's 14 and I have to get them started soon but I need to pay cash. Aaargh!

[mycase]

tax return

I opened my case in july 2006 i did file tax return this year and irs sent it to the trustee office and then they sent me a part of the return. My ? is for how long do they do this. I just got married this year and if they plan on taking it again I will file alone. B/c we live in a CP state.
Thank you

[BassBoy]

I do believe that if the Trustee wanted part of a tax return, it would only be that one time.

Welcome to the Forum mycase. Can you tell us about your BK experience? It may help us in the future if you have anymore questions or concerns.

[mycase]

how it has worked for me

I filed on july 26,2006 I had my meeting on Aug 31. in sep. i got a letter saying that something with noncompliance my case would be dismissed no later then 7/15/07. Then got a letter from the trustee on 10/17/2006 saying that the case was not subject to automatic dimissal ( does everyone recive this letter) then nothing until I did my tax return and then got a check from the trustee for a part of the return then a week later I got a letter from my lawyer saying that trustee notice of assets and that people have until sep.21,07 had to claim some of the money. then on 7/18/07 i got a letter from the bankruptcy court saying.. discharge of debtor. that was that last of the letters..so when do they close the case how long does it take? I still wonder if they are going to take more tax returns because they just discharged but not close.

[Boscoe]

They do this in a chapter 7 too? I thought the time between a discharge and a closing dates was simply the administrative time for proofs of claims, etc., administer assets declared at filing time, not to ask for more tax refunds from debtors.

Can someone clarify this, and how it is handled in either a ch 7 or ch 13?

[freshstart06]

I agree with danaf, the trustee can have my tax return in return with making me debt free, it would not be a big deal to me. Heck, he could have had the car too, all these things can be replaced even your tax return in time. Maybe, I am crazy but it is a small price to pay to rid yourself of years and thousands dollars of debt. I am just grateful that the option is open, forget worring if he took my tax returns. Oh well..... I am debt free.

[CATCHMEIFYOUCAN]

Hmmm, makes me wonder IF I'm to get a letter for my taxes come 2007. My case has been discharged but not closed, and does show that I had owed taxes to Uncle Sam for 2006. However, this year will be different, I'm betting Uncle Sam will be paying me this time as I've made a point to over pay my taxes on my gambling wins.

That would totally suck, if I get such a letter!

Best of Luck to you anyways, Catchmeifyoucan

[whatamess]

Hmm, Catch me, maybe thats why they are not closing you huh? Scoundrels!!!
Im praying we get to keep ours, we have every intention of using them to get my daughters braces finally on. I hope they take pity on us, wayyy below the median and no health insurance. Our tax return is our yearly Dr visit money among other very important issues.
Ive seen just how much some trustees make....enough to buy million dollar homes and a bentley.
WAM

[keepmine]

Hmm, Catch me, maybe thats why they are not closing you huh? Scoundrels!!!
Im praying we get to keep ours, we have every intention of using them to get my daughters braces finally on. I hope they take pity on us, wayyy below the median and no health insurance. Our tax return is our yearly Dr visit money among other very important issues.
Ive seen just how much some trustees make....enough to buy million dollar homes and a bentley.
WAM

You and your hisband need to take the next step and start improving your circumstances. Somebody in the household needs a job with insurance benefits. You both need to take all possible steps to raise our income. It's not good to have to wait on a tax refund to go to the doctor or pay other bills. The easy part of bk is the filing. What comes next is harder but just as important. Use the fresh start to get ahead in the world.

[cathywhite4495]

You and your hisband need to take the next step and start improving your circumstances. Somebody in the household needs a job with insurance benefits. You both need to take all possible steps to raise our income. It's not good to have to wait on a tax refund to go to the doctor or pay other bills. The easy part of bk is the filing. What comes next is harder but just as important. Use the fresh start to get ahead in the world.

I have to chime in here. I have pretty decent insurance for my children and I am in the same boat with the braces. Very few plans cover braces at all and most that do only cover 50%. Braces also average between $3,000 - $5,000. It takes a long time to save up that kind of money and a tax refund can really help out! By the way, I'm a single mom, work 2 jobs and I'm a teacher (so have better insurance than most). I am doing all I can to cut corners and save up every penny I can get but the refund I get every year is very important to me and will mean that I can get my son's braces started too.

[keepmine]

Braces are one thing but, the object of my post dealt with a person having no insurance and depending on a refund for basic health care costs. Having no insurance means that fresh start is in jeopardy should somebody get sick.

[whatamess]

My Dh is a federal employee, and is on a one year waiting period for federal insurance. We will have insurance by next spring, but no dental or eye. Im home with two children and an elderly mother with severe OCD and arthritis. Daycare costs here run $250-$300 a week. Dh tried for two years to find another job with decent pay and benefits. Easier said than done. He was going back to school at night but we cant afford it right now. At the time he wasnt nauturalized and couldnt get aid. Soon he will be able to we hope.
Its easy to look at a situation and say "You need to do this" and I agree we do, but its easier said than done. I like Dave Ramsey too, but reality is many jobs have been shipped overseas and not everyone can be a chief. I worked in tourism back some years ago..haha!! Nealry half my x co-workers have been laid off and are working all sorts of run-of-the mill crap jobs.
Most dental plans dont cover orthodontics. Even the optional federal plan. We have bought basic insurance for our kids, and it only covers routine cleanings and X-rays twice a year. Our inlaws overseas send up plane tickets every two years to come stay during the summer, and we get our dental and eye exams there for 2/3 or less price here!! Exam and X-rays are $15 each. Fillings are $10. Gotta love that! No appointments either.
WAM

[keepmine]

My Dh is a federal employee, and is on a one year waiting period for federal insurance. We will have insurance by next spring, but no dental or eye. Im home with two children and an elderly mother with severe OCD and arthritis. Daycare costs here run $250-$300 a week. Dh tried for two years to find another job with decent pay and benefits. Easier said than done. He was going back to school at night but we cant afford it right now. At the time he wasnt nauturalized and couldnt get aid. Soon he will be able to we hope.
Its easy to look at a situation and say "You need to do this" and I agree we do, but its easier said than done. I like Dave Ramsey too, but reality is many jobs have been shipped overseas and not everyone can be a chief. I worked in tourism back some years ago..haha!! Nealry half my x co-workers have been laid off and are working all sorts of run-of-the mill crap jobs.
Most dental plans dont cover orthodontics. Even the optional federal plan. We have bought basic insurance for our kids, and it only covers routine cleanings and X-rays twice a year. Our inlaws overseas send up plane tickets every two years to come stay during the summer, and we get our dental and eye exams there for 2/3 or less price here!! Exam and X-rays are $15 each. Fillings are $10. Gotta love that! No appointments either.
WAM

To each there on but, there is just noway I'd go through all the issues that bk creates and come out the other side only to live paycheck to paycheck.
First thing I did post bk was find a better job {and I'm not a chief}. A few months later, I picked up a PT job working overnight for a major retailer. Just grunt work-unloading trucks and replenshing the store. I work 2 nights a week and net $120/week. Been doing it for alittle over a year. Why not try some evening work while your husband is home with the kids? Or, work on weekends or, prehaps your husband can find some weekend work.
There are 13 of us in my crew on the pt gig. 3 college kids still live at home and go to school. The rest of us all have other jobs. Heck, I'm taking some of my vacation from my real job this fall and am going to use it to work some more pt hours over the holidays. It's doable if you want to bad enough.