Am I now under a microscope after filing?

[gophermn]

Just curious - my BK Attny filed yesterday and I now wonder if my life will will be under a microscope until discharge?

I ask because tax season is upon us and I have a good idea my wife and I will get a refund. I filed BK CH7 seperatly but will be filing the taxes jointly.

Any concerns? Do you recommend we file taxes after the discharge?

[keepmine]

Doesn't matter when you file your taxes. If the trustee considers your portion property of the bk estate and wants it, they'll just keep the bk open until you surrender the funds.

[gophermn]

Is that common? Trustee's asking for part or all of your tax refund?

[keepmine]

Is that common? Trustee's asking for part or all of your tax refund?

Yes, it's common. Does not mean it'll happen.
Your state exemptions may be enough to cover the refund or, your trustee may have the habit of abandoning refunds. You need to ask your lawyer where you stand.

[dp1969]

Our attorney did not want to hear about any refund we might get. What does that tell me??? We will get something but the money is already going to go for a rental. Should I present that to the lawyer for our 341 (which should be around the middle of Feb)?

Seems unfair given the fact we are surrendering our home. Then again, what's fair about a BK?

Our exemptions are at the max...no room for the refund. We also owe my parents $17k for helping us live before we decided to file BK...can I let the trustee know that???

[jp2861]

Our attorney did not want to hear about any refund we might get. What does that tell me??? We will get something but the money is already going to go for a rental. Should I present that to the lawyer for our 341 (which should be around the middle of Feb)?

Seems unfair given the fact we are surrendering our home. Then again, what's fair about a BK?

Our exemptions are at the max...no room for the refund.

Maybe he already knows that trustee won't go after it? Maybe he's gambling that the trustee won't mention it? I would have asked him for a very clear reason why he gave that as an answer. It doesn't make sense to wait until the 341 to find out from the trustee how the refund will be dealt with. If your lawyer doesn't have a good answer I'd be a little concerned.

I'm sure each trustee looks at the refund a little different. Here, for what it's worth, anything under $1,000 is looked at as not being worth the time to screw with. You should know what's up in your district, or your lawyer should know anyway.

[dp1969]

That's my concern...man this is tough!!

[jp2861]

It shouldn't be tough. YOU need to get tough with your lawyer and get a straight answer. That's what you paid them for...answers.

[dp1969]

It shouldn't be tough. YOU need to get tough with your lawyer and get a straight answer. That's what you paid them for...answers.

You are right, I'm giving him a call!! Thanks for the empowerment!

[Minnymouth]

If your attorney is not concerned about the refund, then don't worry too uch about it, till you have too.

When it comes, spend it on auto, insurance, groceries, meds, clothing, etc. Keep receipts for the Trustee..... just in case he asked what happened to it.....

When my trustee asked about my tax refund, I laughed said thats what I paid attorney with..... nothing else said about it.

They just want to make sure your not hanging on to it as "fun money"..............