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Chapter 7 and tax refund

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    #31
    My attorney's paralegal has been emailing my paper work back and forth and I have been going through it with a fine tooth comb. I called them on some things including not exempting my tax refund. Her statement was your attorney was not that concerned because we well below the median income( first time this works to my favor:o).

    So, basically she said he assumes the Trustee would not go after it.. I laughed.. Told her when people ASSUME.. It makes an ASS of U&ME. I had to tell them I don't care.. list it on Schedule B and exempt in Schedule C like The court case above. This tax return will pay off one of my vehicles.. most of my second vehicle and put Propane in my tank.. So.. I definitely need it.

    It was kind of funny the paralegal initially told me I would'nt be able to file Pro Se.. becuase it was too much paper work. and I wouldn't know what to do.
    She changed her mind after I picked her paper work apart and had my paper work ready 1 week after they asked for it. At one point they didn't even have my wifes maiden name( 7yrs) and dates were wrong. They left off two creditors.. I suppose this what I get for a $750 attorney. LOL

    She even argued with me when I told her she needed to list my EDU loans on the list.. She said you can't discharge it.. I said I know.. However, if I have to list other creditors I am listing them as well. She ended up coming back and saying your right.. It's good practice. So.. I think I have their attention now. I have been waiting on them to file.. I told they needed to pick up the pace.. They are paid for.. the court case is paid for. I can't even take my second class until I get a case #
    Last edited by Mi Bankruptcy; 11-15-2008, 06:25 AM.

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      #32
      We filed in early July, discharged and closed a few weeks ago. At our 341 the trustee asked how much we expected for a tax refund next year, and we told him around $5k. he made a note of it, but we never heard from him again. Our case closed about 3 weeks ago, and our lawyer told us that we will have no problems keeping our tax refund next year. We never exempted the refund but we did pro-rate it and listed it as income on our Schedule I.

      I think if the trustee is interested in your refund, you will know before your discharge/closing. None the less, since you filed later in the year, it's probably best to exempt it.
      Filed Ch 7 - 07/10/08
      341 Meeting - 08/13/08
      DISCHARGED! - 10/15/08
      CLOSED - 10/20/08

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        #33
        When are you filing? Right now you do not know what your refund will be; you will only know this once you file your return. Any thing could happen before the end of the year that could reduce this amount.

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          #34
          Originally posted by myid4u2c View Post
          When are you filing? Right now you do not know what your refund will be; you will only know this once you file your return. Any thing could happen before the end of the year that could reduce this amount.
          You are correct. Fortunately I have been employed for some time. It is fair we can roughly estimate what we will receive back( no not down to the $). Even if god forbid I lost my job today I can estimate within $100 what we would receive back. We expect to actually file this week, we have been going back and forth updating schedules and our matrix. Since we are well below the median we don't expect it to be an issue anymore. We expect to file in January of February. I can print my W2's from the computer. So, I dont have to wait for them to be mailed

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            #35
            We went to our lawyer today to go over our paper work. We are filing next Monday. She said they WILL take 11/12th (yea) of our return! So there goes us getting ahead and having some sort of savings

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              #36
              glad to hear you're filing - and just keep the perspective that losing one tax return is a smallish price to pay for discharging thousands in debts.
              Filed 7/28/08, Discharged 10/29/08
              (filed pro se: nonconsumer no asset CH7)

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                #37
                Originally posted by dogbone33 View Post
                We went to our lawyer today to go over our paper work. We are filing next Monday. She said they WILL take 11/12th (yea) of our return! So there goes us getting ahead and having some sort of savings
                dog,
                Where you close to the means? Asset or not asset?

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