When to file tax return after discharge and closing?

[FiledinMarch]

It will be 6 months from the date I filed on March 18th. I'm wondering if I should wait until after March 18th to file my tax return ( My refund should be $3000-$5000) or if it would be alright to file in January or February..

My case has been discharged and closed. The lawyer said the trustee wouldn't be interested in my refund, but this is the same lawyer who said that NOLO is wrong and that the time frame for reporting is 6 months from discharge, NOT filing.

I have went over the requirements here:

And I'm not sure if tax return falls under these or not???

Thanks!

[keepmine]

If the case has been closed, it's likely the trustee has abandoned any refund.

[CindyLou]

If you are worried about it then wait. But I think you are ok.

[rilbrianne]

I believe there is a portion of the refund that would be "entitled" to the trustee.... but you should have been notified before your discharge and close if the trustee was going to take it. I've been told that they would tell you or send a letter before your discharge to notify you to send your refund directly to the trustee and they would take their portion and send back the rest.

The portion that they would take would depend on when you filed... for example, if you filed in March, they may be able to take 3/12 of your refund. Again, sounds like the trustee isn't interested. Especially since your case is discharged and CLOSED.

[FreshLikeADaisy]

Ditto what Rilbrianne said. My trustee informed me in writing that he would be taking any tax refund I may get. It's a form letter so I'm pretty sure he sends it to all his bk cases. He would have told you *prior* to discharge that he considers any potential refund to be the property of the bk estate. That, and you filed in March... long past the 180 days.

Even if your lawyer is wrong and the trustee suddenly pops up and wants it (DOUBTFUL) he can make the argument in response to the trustee that you were not informed prior to filing your taxes that he would be needing it. Even if your lawyer isn't clear on the details anymore he can still (I hope) answer the trustee if necessary in your behalf. You could also ask a different attorney.

Personally, I don't see how filing in January is going to be any different for you than waiting until March -- you're still discharged/closed, it's still way past the 180 days, you still have not been notified by the trustee that he wants it -- but if it makes you feel more comfortable and you can afford to wait, no harm done. That's my opinion, anyway.

[FiledinMarch]

Thanks everyone for the replies.. I think my screen name is probably confusing. I filed chapter 13 in March of 2007, but I converted to chapter 7 in September, so that is when I am basing the 180 days from, which would be up in march, correct?

Thanks!