Quick Question - Discharged -> Closing

[nitsuj]

Hi, this is my first post here (actually just registered today) but have been a lurker here for the last 6 months or so, I filed early november, had my 341 the day before thanksgiving, discharged this morning, waiting for closing. It was a no asset case, theres been no disruptions or anything questioned, etc.

My question is, what can happen between now and closing? Can i file my taxes now or should i wait til after closing, im expecting a refund since i never changed my W4 after having a baby (1.5 years ago) and i pay a ridiculous amount of student loan interest a year (more than 5k)

I searched and really didnt find an answer to my question.

Thanks in advance =)

[TEW]

you can file your taxes. BUT if the trustee wants to take your refund will even if your case is closed. UNLESS you have exemptions ot cover the amount of your return

[nitsuj]

you can file your taxes. BUT if the trustee wants to take your refund will even if your case is closed. UNLESS you have exemptions ot cover the amount of your return

Thanks TEW,

i noticed when i was in my 341, the trustee asked others what their situation was then asked if they would be getting a tax return, etc, after i explained my situation to him after he asked he pretty much just said, ok, have a nice day and didnt ask about my tax return, he had copies of all my last few years too.

I should have enough to cover it...my property vs allowed exemption amount was a huge difference for everything, would i have had to exempt it on paper or would it be one of those things they just compare and decide whether to bother?

[StartingOver08]

One of the other posters recently said she got a letter from the Trustees office to send in the funds from her tax return. It turns out that the Trustee had the wrong year - but I would be very careful when filing and put that money away until you know for sure the Trustee is not going to ask for it. Hopefully they will just skip right over yours.

[AngelinaCatHub]

OK, no excuses, you are discharged. So Mrs. and I inflict our un-official dance of Victory (hamster) Dance upon you.

Grats: http://www.youtube.com/watch?v=_1_kgNp9oQg

[nitsuj]

One of the other posters recently said she got a letter from the Trustees office to send in the funds from her tax return. It turns out that the Trustee had the wrong year - but I would be very careful when filing and put that money away until you know for sure the Trustee is not going to ask for it. Hopefully they will just skip right over yours.

I was reading that, and i hope its not the case, i'm hoping all the other ones before me get bugged, they all had incomplete paperwork, etc, it seemed as if my lawyer and the trustee were friends or something like that, i got asked the basic questions, he was trying to help me with ways to better my situation even after the bankruptcy after i explained to him what happened...i could really use the $$$ i get to pay off some of my student loans

[nitsuj]

OK, no excuses, you are discharged. So Mrs. and I inflict our un-official dance of Victory (hamster) Dance upon you.

Grats: http://www.youtube.com/watch?v=_1_kgNp9oQg

haha thanks =)

[laurannm]

Thanks TEW,

i noticed when i was in my 341, the trustee asked others what their situation was then asked if they would be getting a tax return, etc, after i explained my situation to him after he asked he pretty much just said, ok, have a nice day and didnt ask about my tax return, he had copies of all my last few years too.

I should have enough to cover it...my property vs allowed exemption amount was a huge difference for everything, would i have had to exempt it on paper or would it be one of those things they just compare and decide whether to bother?

99% of the time if your case closed, it means the trustee has abandoned your refund.

From what I heave read and from what I was told by several lawyers, even if you didn't specifically exempt it, the trustee can easily tell if you do have enough exemptions to cover it. And if you do, then the trustee won't bother going after it.