filed already, question

[Bobbi]

I don't have a 341 meeting scheduled yet. We got our w2 today. On our forms, we are less than one half of the means test. family of six is like 75,000, we made like 28,000.

We will have a tax return, so can we use it to pay rent , food, and my enormous medical expenses? I have a ton of meds I need, etc.

Or will we have to give it up?

[FreshLikeADaisy]

Bobbi, was your 341 meeting not scheduled when you filed? I'm kinda surprised, actually. But when you get PACER access, you can see who your trustee is on that. It's up to your trustee and the laws of your area as to whether you can keep your tax return or if it is automatically considered to be a part of your bk estate. However, if the trustee DOES want it, you have the option of amending Schedules B & C to include the tax return as an asset and use any remaining applicable exemption to exclude it from the bk estate. So even if your trustee asks for it, if you have any unused personal property or wildcard exemptions left, you could apply them to the tax return and keep it anyway. Does that make sense? Good luck!!!

[Bobbi]

well, i still have a few schedules to turn in, and I exercised my 15 day period to have them to the court. we only made 28,000 last year, and our means test is like 73k or 75 k, so we didn't have to break that part down. i think i will call the trustee and find out once i get this other paperwork in. i really need it for medication.

i bet if i ammend it, it will count as exempt, i mean, hell, we are dirt poor since i got sick last year!

[FreshLikeADaisy]

Bobbi, that sounds like a good plan. If you have not yet filed Form 6 then you won't need an amendment, just add the tax return before you file it, which will involve changing Schedules B & C as well as the two front pages (the summary and statistical thing) because your balances will change there as well. You only need an amendment if you want to change something you've already filed at the courthouse.

Also, because you're filing pro se (paper forms) don't expect your filings to show up in PACER right away; they can take a day or two. Good luck!!!

[Bobbi]

i add it to the total annual income, correct? Then tell them what it is from?

i am due to fund on the 8th, for the return. I will file schedule 6 tomorrow and include it, the 341 won't be before then, I'm sure.......you are awesome! thanks!

[FreshLikeADaisy]

Hrm, just to save myself and the trustee any possible bickering, I *personally* (and this is just me ) would separate it from any other asset, both on Schedule B and C.

As for annual income, no, don't include it, because you already included it when you gave them your gross (taxes are withheld from gross, your return is that part of the withholding that was unspent, so you already listed it). And your annual income has nothing to do with what you exempt, as you're probably already aware. But if you did include it and it's already filed that way, and you're under the mean anyway, no big deal, no harm done, the error was not in your favor and you can change it later if the trustee doesn't like it. Good luck!!!