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

[hopejones]

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.

Thanks wonkettegirl, that's good to know. I think I'm going to be on pins & needles until this whole ordeal is over with .

[akame5150]

Just a follow up to this thread. Is it usual for the trustee to come after the tax return even if they already filed a no asset report and requested to be removed?

I declared that I have a sizeable return coming and at my 341 the trustee asked me about it. That day, she filed it as a no asset case. I know the trustee can, however is it usual for them to change their mind?

I am 65 days past my 341 and no discharge yet in California

[Trixie007]

You know if you were to "forget" certain deductions you could file an amended return later in the year or even next year. Speak to your tax preparer about this.

Generally not a good idea...

[danaf]

I agree - you can't leave out some things and then file an amended return because guess what - the trustee will be sent the amended copy later on....so not a good idea.

BUT - if you are one of those unlucky people whose trustee is targeting your return and say, you have student loan interest that you could deduct....the fact is that it is not a requirement to deduct it. I'd be dammned if I let a trustee have that little nugget esp. since there is absolutely no law that says I HAVE to include such a deduction. I wouldn't get it, but neither would they. Nobody wins.

[laurannm]

Just a follow up to this thread. Is it usual for the trustee to come after the tax return even if they already filed a no asset report and requested to be removed?

I declared that I have a sizeable return coming and at my 341 the trustee asked me about it. That day, she filed it as a no asset case. I know the trustee can, however is it usual for them to change their mind?

I am 65 days past my 341 and no discharge yet in California

Closing is generally the key...if your case is left open after discharge, they may be waiting to see what your return looks like. Otherwise, if it closes, then you are probably in the clear

[danaf]

Generally but not always. My case is closed and the trustee sent me a special 'love note' wanting my return a few weeks ago. Thank God I increased my exemptions last yr.

[hopejones]

Danaf,

Were you a no asset case?

[danaf]

Yes, I was a no asset case. What difference does that make?

[hopejones]

Yes, I was a no asset case. What difference does that make?

I'm a no asset case, too. I just kinda assumed that once a case is designated 'no asset' on Pacer, then that's the end of the trustee looking for assets (ie tax refund). I guess I'm going to plan on not keeping/spending my refund this year...just to be on the safe side.

[laurannm]

I'm a no asset case, too. I just kinda assumed that once a case is designated 'no asset' on Pacer, then that's the end of the trustee looking for assets (ie tax refund). I guess I'm going to plan on not keeping/spending my refund this year...just to be on the safe side.

I would talk to your lawyer about this and see how it is handled in your district. In the majority of cases, once you are closed then any refund is your to keep.

Danaf - Did you mention in a previous post that you were served some sort of form regarding the turnover of taxes at your 341? I think in a lot of cases if a trustee is interested you will know at your 341 or shortly after.

In our district, according to our attorney, even if we didn't list the tax return specifically as an asset (but instead listed is pro-rated income), the trustee can see that we had enough of our federal wild card exemption available to cover it, thus by default we are good (i.e. if he tied to take it, we could amend our exemptions and list it).

Just because I tend to get overly paranoid, I have been calling the IRS Solvency Dept every few days to check and see if the trustee has placed a hold on our tax refund. So far nothing, and the IRS agent seemed to indicate that if they were interested, a stipulation would be filed along with their final report (which the IRS agent actually looked our case up and did not see t)