Please read...Trustee taking our tax return after discharge...

[PoorGrammyinBK7]

We just received a letter today stating that our Trustee was going to take our full tax return for 2008. We were discharged in Nevada on September 30th. Has this happened to anyone else? Is there any way around this?

Thanks for input.

Were you an asset case?

[gymbofreak]

This is scary, I hope I dont lose mine:-(

[trying_to_fix]

My trustee asked for my 2008 taxes during my 341 meeting. Even if I lose it all I just consider it to be an investment for a future without the financial issues I've been encountering lately.

[laurannm]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

[Grider]

taxes

my atty said my ref is less than my $4000/$5000 excemption in fla... doesnt any one else get this?

[StartingOver08]

my atty said my ref is less than my $4000/$5000 excemption in fla... doesnt any one else get this?

All of your exemptions have to fit in the $5000 (FL): That means cash, equity in vehicles, household goods, clothing, tax refund....EVERYTHING.

[Stilltheone]

This is scary, I hope I dont lose mine:-(

I was thinking the same thing! But, we were discharged and closed on the same day.

[RRD]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

Well that is good to know. Our trustee never once mentioned anything about the taxes. We were told we were a no asset case. Our lawyer called today and put in an exemption for it because we were federal exempt. He said the trustee has 30 days to fight it, but that he's fought these before against trustees and won. So we'll appreciate the refund more now that we almost lost it and "hopefully" get it back! LOL. If not, we'll look forward to next year.
Thank you all for your replies!

[danaf]

One thing to note for the OP...since you were discharged on Sept 30, I am guessing you filed sometime in June? If that is the case, then the trustee is only entitled to the refund earned up until the day you filed. so in this case the trustee would be entitled to 5/12ths of your refund, not necessarily the entire thing.

Sorry for bringing up a post that is a bit old but doing research on this. How exactly would one go about telling the trustee what he/she is entitled to?

[laurannm]

Sorry for bringing up a post that is a bit old but doing research on this. How exactly would one go about telling the trustee what he/she is entitled to?

It is written into the BK code I believe

[BrokeAzzez]

I am worried about this too...I just sent my trustee my tax returns yesterday and am awaiting a response. In indiana we have a 4000 wild card exemption...I'm hoping that my return falls in this category. I'm a no asset case and my attorney said (he's a moron though) that taking my return is not a usual process in a no asset case....

[hopejones]

...I just sent my trustee my tax returns yesterday and am awaiting a response.

When I had my 341 two weeks ago, the trustee never said anything about my tax refund for this year. Am I supposed to be sending a copy of my return to the trustee?

[bkchap7filer]

Broke: You aren't a no asset case....your other post about them taking your tax refund says you are an asset case, but the only asset they are interested in is your tax refund.
Sorry about your situation!! That stinks for you! Perhaps you can amend your documents, though, and claim the refund with your wild-card. That is your responsibility. You can't expect the trustee to remember that you have a wild card to use for the refund.....you have to indicate that is what you want to do with it.

Get your attorney on the horn!

[BrokeAzzez]

Thanks bkchap7filer My attorney is a giant jack ass. He is of use to me and of no help. I am in direct contact now with my trustee.....I wonder if I can just simply ask her??

[wonkettegirl]

hopejones, I asked my attorney the same thing and he said not to send the trustee anything. I guess if they want my return, they can ask for it, but my attorney said I didn't need to let them know when I file or to supply them with a copy.