Filing chapter 7 have a few ?'s

[bigcountry]

Right now we am under a chapter 13 and we am going to convert to a 7 for many reason and my attorney said that it was the best thing for us to do last week and I made my mind up yesterday to convert to a 7 but my attorney is out of the office this week and I have a couple of questions. Our tax refund this year was around $5500 can the trustee ask for that in a chapter 7? It has already been spent on home improvments (new roof) I received that over 90 days ago. Also I expect to get $1500 rebate check, can the court take that?

[CATCHMEIFYOUCAN]

Wondering if the Trustee request you tax refund while you were in Ch13 to begin with? I was in Ch13 for like several months, and the Trustee expected any tax refunds (which I wasn't getting to begin with). When I converted to Ch7, everything "stopped," I owed nothing further and no mention of wanting my tax refunds (which I wasn't getting anyways). Good question!

Best of Luck, Catchmeifyoucan

[bigcountry]

Well that is one of my problems with my tax return my attorney failed to tell me I had to turn over my tax returns to the trustee but to date he has not asked for it I received it back at the end of January. The money went to something that was dearly needed for the new roof but I didn't know that I was suppose to turn it over.

[CATCHMEIFYOUCAN]

Just hang onto any and all receipts you did with that return. Worst comes to worst you might have to pay up on the return. Don't bring it up at the new 341 when you convert (only answer questions you are asked never volunteer extra information). You'll have another 341 meeting due to the conversion. Same basic questions and why you converted.

Best of Luck, Catchmeifyoucan

[PaKettle]

I don't think anyone knows for sure yet whether the trustee is going to be allowed to take people's Economic Incentive checks (or whatever it is they're calling those $600/1200 checks from Congress). I personally don't see how that should be legal, but I guess the government can do whatever they want.

If you're in a Ch. 13 I believe you were supposed to give that tax refund to the trustee. But since you didn't, and spent it... the worst case scenario is that you may have to pay it back to the trustee, I would think. But that would be okay if the rest of your debts are discharged in ch. 7, wouldn't it?